This is a continuation of a series of posts on Innocent Spouse Relief, a provision enacted to relief people from the the burden of an unfair tax debt. If you should find yourself needing to file an appeal with the tax board and you feel like you can satisfy all of their requirements, then:
- Complete a form (8857) that lists your assets, your income, and debts.
- Beg three of your long time neighbors to write letters attesting to your meager and miserable lifestyle during the year in question. (Good luck to you on that one. Most people are very squeamish about getting involved with the tax man)
- Provide proof – as much as you can – that your spouse hid information about joint finances from you. I had twenty-six letters from my divorce attorney. I called them “The Exhibits A-Z.”
Finally bundle up the whole shebang and send it to The Franchise Tax Board. They will assign an attorney to review your appeal and get back to you. In under a year, if you’re lucky.
Do not be surprised if you get the following response:
"It is clear that appellant has failed to
meet her burden of overcoming rebuttable
correctness of respondent’s determination."
This is taxman speak for “your appeal has been rejected.” Remember, they’ve assigned an attorney to defend their position. He’s not going to say “whoops, we made a mistake.”
Do not despair, as I did, it need not be the end.
Next – The court of last resort...
No, the court of last resort is not a heavenly intervention!
Saying nothing in particular 
JT – am so glad to be following your adventures, trials and tribulations. Here’s to more writing in 2015 and peace on earth 🙂
-Charlie
Thanks so much Charlie – we really need to get together soon!
Yikes – you are going to put your poor protagonist through IRS ( and State Tax Brd) hell! But seriously – this is a story that needs to be told.
Please be aware, even if you have followed the rules, the rules have changed while you were doing it!
How true!
Glad to read more of this series, Jan. It always proves insightful–even if painful–and ultimately helpful. I’m looking forward to next week’s continuation. Oh, those awful taxes and the people who make them unbearable. It just gets worse and worse, doesn’t it?
You’re sure right – thanks so much for stopping by and commenting!
Oh gosh, Jan, now I need to read the final installment. If I were in this predicament, I’m not sure what I’d do, but it would involve a lot of crying.
Nice writing , I loved the facts ! Does anyone know where my company could possibly locate a blank 2014 IRS 8857 form to complete ?
You should be able to find the form on line (unless they’ve changed the code!) I don’t think companys can file for innocent spouse relief!