Can I get an injured spouse relief in California after refund was taken for ex's debt?

The rejection letter was frustratingly vague. It just said the claim was "considered and denied" without specifying what was wrong. I think the community property issue might be the problem - they mentioned something about California law not allowing for the separation we were attempting. Would filing the appeal need to address the community property issue specifically? And is there a statute of limitations on how long we have to file Form 12203?

The vague rejection is unfortunately common. Since they mentioned California community property law, that's almost certainly the issue. In community property states, the IRS often takes the position that all income is equally owned by both spouses regardless of who earned it. For your appeal, you'll definitely need to address the community property issue head-on. You'll want to focus on any exceptions that might apply - such as if they maintained completely separate finances, if there was a pre-nuptial agreement specifying separate property, or if the funds came from separate property sources (like pre-marriage assets or inheritance). For the Form 12203, you generally have 30 days from the date of the rejection letter to file your appeal. If you're approaching that deadline, file immediately, even with incomplete information, and note that additional documentation will follow. Another option worth considering is requesting assistance from the Taxpayer Advocate Service. They can sometimes help navigate complex situations where the standard processes have failed.

That sounds too good to be true honestly. How exactly does this taxr.ai thing work? Does it just give you generic advice or does it actually help with the specific documentation? The IRS rejected my injured spouse claim too (I'm in Texas though) and I'm desperate.

I'm curious - did you have to provide a ton of financial records? My wife and I are separated (not divorced yet) and her student loan offset took our whole refund. I filed the 8379 but I'm worried it'll get rejected because we don't have great documentation of who paid what bills. Would this tool help figure out what specific documents I need?

The tool works by analyzing your specific tax situation, not just giving generic advice. You upload your rejection letter, tax return, and any supporting documents. It uses AI to identify legal precedents and specific IRS procedures that apply to your exact scenario. It then creates a customized strategy with exactly which forms to file and what supporting evidence to include. For your Texas situation, it would be very helpful since Texas is also a community property state like California, but the rules are applied slightly differently. For the documentation question, this is exactly where it helped us most. It provided a checklist of exactly what financial records would strengthen the case - bank statements showing separate accounts, proof of who paid household expenses, and documentation showing the source of the income that generated the refund. You don't need perfect records, but the tool helps you identify what evidence you do have that would be most persuasive.

Does this actually work? I've literally tried calling the IRS 27 times over the past month about my innocent spouse relief claim and NEVER get through. How much does it cost? And do you actually get to talk to someone who can help or just the front-line people who transfer you?

Sounds like a scam. The IRS literally doesn't have enough staff to answer phones. How would some random service get you "to the front of the line"? I'm dealing with my own offset nightmare and would love to talk to someone but this just doesn't sound legit.

It absolutely works. The service doesn't get you "to the front of the line" - it uses an automated system that keeps dialing the IRS for you through their phone tree until it gets through, then calls you when it has an agent on the line. It's basically doing the tedious redial work for you. I got connected to a specific department that handles offsets and injured spouse claims, not just a frontline person. The agent was able to pull up my rejection letter and explain exactly why it was rejected - something I couldn't figure out from the letter alone. Regarding cost, I don't remember the exact amount but it was completely worth it considering the thousands I was trying to recover. Think about how much your time is worth - I wasted countless hours trying to call myself before discovering this service.

Thanks for mentioning Ordlock v. Commissioner - I hadn't heard of that case! Did you have to pay the attorney a lot up front? My client is already out the $92k refund so she's struggling with the idea of paying more money for something that might not work.

Our attorney worked on contingency - he took 30% of what we recovered. Most tax attorneys dealing with refund cases will work this way since they know if they win, there will be money to pay them. The Ordlock case is perfect for your situation since it specifically addresses California community property law and the IRS's obligation to consider separate property interests even in community property states. The key in our case was proving that the refund was generated primarily from my wife's separate withholdings. I'd suggest at least doing a consultation with a tax attorney who specializes in Tax Court petitions. Many offer free initial consultations. Just having the attorney letterhead on your communications sometimes gets the IRS to take a second look before it ever gets to actual litigation.

Did you submit this directly to the IRS or did you go through the appeals process first? I'm in a similar situation but in Washington state (also community property).

I submitted it directly to the address on the rejection letter as a "reconsideration request" rather than a formal appeal. In my cover letter, I specifically referenced that I was providing "additional documentation not available during the initial review" which I think helped get it looked at. For Washington state, you'd want to focus on the same principles - documenting the separate nature of your income and withholding. The community property rules are similar but not identical, so make sure you're addressing the specific Washington state provisions. The most helpful document for me was a signed statement from my ex acknowledging the debt was his alone. If you can get something like that, it really strengthens your case.