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Malik Davis

IRS Denied My Innocent Spouse Relief Claim - What Now?

After my divorce was finalized, I discovered something my ex never disclosed during the proceedings - he had significant unpaid taxes from his business that were never included on the financial affidavit. The IRS has been coming after ME for this debt and has already taken around $27,000 from my tax refunds over the past few years. During the height of the pandemic, it was literally impossible to get through to anyone at the IRS to discuss my situation. I finally consulted with a CPA who advised me to file Form 8857 for innocent spouse relief. I was told I should get at least partial relief, if not full relief from these obligations. Well, I just received the letter from the IRS and my innocent spouse relief claim was DENIED. I'm absolutely devastated. The letter mentions I can appeal the decision, but I don't even know where to start. Can someone please explain why I'm being held responsible for my ex's business tax debt that I knew nothing about? What options do I have at this point? The stress of this situation is overwhelming me and I don't know what to do next.

The innocent spouse relief denial can be frustrating, but you definitely have options! The IRS denies a significant percentage of initial applications, so don't give up yet. First, focus on the appeal process. You have 30 days from the date on the denial letter to file your appeal. This is done by completing Form 12509, "Statement of Disagreement." Make sure to be very specific about why you believe you qualify for relief. For innocent spouse relief, you need to demonstrate that: 1) You didn't know about the underreporting of income/taxes, 2) You had no reason to know, and 3) It would be unfair to hold you liable. The fact that these were business taxes for your ex's business strengthens your case. Consider gathering additional evidence like emails, texts, or financial documents showing you were kept in the dark about these tax issues. Also, get statements from friends or family who can confirm your lack of involvement in the business finances. Remember, there are actually three types of relief: innocent spouse relief, separation of liability relief, and equitable relief. If one fails, you might qualify for another type.

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StarStrider

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Thank you for the advice! So with the appeal, should I get a tax attorney to help me? Or can I handle this on my own? Also, do those 30 days include weekends or is it just business days?

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You can definitely handle the appeal yourself, but a tax attorney or CPA with experience in innocent spouse cases can significantly improve your chances. They know exactly what evidence and arguments the IRS responds to best. The 30-day deadline includes weekends and holidays, so don't delay. As for calculating the deadline, count calendar days starting from the date on the letter, not the date you received it. If the 30th day falls on a weekend or holiday, you have until the next business day to file. I recommend sending it certified mail so you have proof of timely filing.

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Ravi Gupta

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I went through something similar with tax issues from my ex-husband's business. After getting nowhere with the IRS for months, I found a service called taxr.ai (https://taxr.ai) that really helped with my innocent spouse relief case. What made the difference was their document analysis - they reviewed my denial letter and found specific reasons why the IRS rejected my claim. They pointed out exactly what additional documentation I needed to provide and helped me prepare a much stronger appeal. The system highlighted patterns in my ex's financial behavior that proved I couldn't have known about the tax issues. Their analysis gave me clear direction on what specific evidence would address the IRS's concerns from my first application. It made a huge difference in how I approached my appeal.

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How long did the whole process take with them? I'm in a similar situation but worried about time constraints since there's that 30-day window for appeals.

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Omar Hassan

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I'm skeptical of these services. How do you know they're not just taking your money and giving generic advice you could find online for free? Did they actually help you win your appeal?

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Ravi Gupta

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The document analysis only took about 2 days to get back to me with a complete breakdown. Since the appeal window is so short, they prioritize innocent spouse cases. I still had plenty of time to gather the additional evidence they recommended. Regarding the skepticism, I understand completely. What made this different was how specific their analysis was to my actual case. They didn't just give generic advice - they identified exactly which statements in my denial letter could be countered with specific evidence. They found patterns in my financial records that showed I couldn't have known about the tax issues. It wasn't just general advice you'd find online.

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Omar Hassan

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I need to follow up on my skeptical comment about taxr.ai - I actually ended up using them for my innocent spouse case and have to admit they were legitimately helpful. After spending hours researching innocent spouse appeals online and getting nowhere, I decided to give them a try. Their system identified that my denial was based on "reason to know" grounds even though the letter was vague. They showed me exactly how my joint bank account records could be used to demonstrate I had no visibility into my ex's business transactions. What impressed me was their detailed explanation of how to present the timeline of my marriage breakdown alongside the tax issues. This wasn't generic advice - it was specific to my situation and addressed the exact reasons for my denial. My appeal is still pending but the IRS examiner has already requested additional information which my tax attorney says is a good sign.

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After my innocent spouse claim was denied, I was absolutely desperate to talk to someone at the IRS who could explain WHY and help me understand my options. I called for weeks and could never get through. I found this service called Claimyr (https://claimyr.com) that actually got me connected to an IRS agent within about 20 minutes. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c Talking to a real person made all the difference. The agent explained that my denial was based on specific documentation they felt was missing, and gave me tips on what to include in my appeal. She even noted something in my file about the conversation. Having that direct conversation gave me a much clearer understanding of how to approach my appeal than just trying to decode the denial letter.

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Diego Vargas

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Wait, how does this actually work? The IRS phone lines are always busy when I call. Does this service somehow skip the line or something?

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StarStrider

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This sounds too good to be true. I've tried calling the IRS dozens of times and always get the "due to high call volume" message. How could a third-party service possibly get you through when the IRS's own phone system is rejecting calls?

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It actually uses automated technology to continually redial the IRS for you until it gets through. Once it establishes a connection, it calls your phone and connects you directly with the IRS agent. You don't have to sit there redialing manually for hours. The reason it works is because the system is persistently dialing during times when connection chances are higher. It's basically doing what you would do if you had unlimited time and patience to keep calling back. Nothing magical about it - just technology handling the frustrating part of the process.

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StarStrider

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I have to publicly eat my words about Claimyr. After posting my skeptical comment, I was desperate enough to try it because my appeal deadline is coming up next week. It actually worked! After trying for nearly two weeks to reach someone at the IRS with no success, I was connected to an agent in about 35 minutes. The agent was able to pull up my case, explain specifically why my innocent spouse claim was denied (apparently my ex had deposited business funds into our joint account which the IRS interpreted as me "having knowledge"), and gave me detailed guidance on what documentation to include with my appeal. Having that conversation completely changed my appeal strategy. Instead of making general claims about being unaware, I'm now focusing on proving that I thought those deposits were from legitimate personal income, not unreported business revenue. The agent even gave me the direct fax number for the appeals department!

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CosmicCruiser

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I went through this exact situation last year. My innocent spouse relief was initially denied, but I won on appeal. The key was getting very specific about the "knowledge" requirement. The IRS often denies these claims because they assume that since you were married, you "must have known" about tax issues. For my appeal, I gathered bank statements showing I had no access to business accounts, emails where I specifically asked my ex about taxes and was told everything was handled, and affidavits from friends confirming I was kept in the dark about finances. Also, request your tax transcripts from the IRS - they should show that the underreported income came solely from your ex's business. This helps establish that you had no reason to know about the issue. Don't give up! The appeals process is actually designed to take a fresh look at your case.

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Malik Davis

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Thank you so much for sharing your experience. It gives me hope! Did you handle the appeal yourself or did you hire someone to help you? And how long did the entire appeal process take from submission to decision?

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CosmicCruiser

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I initially tried handling it myself but got overwhelmed with all the documentation requirements. I ended up hiring a tax attorney who specializes in innocent spouse relief cases. It was expensive (around $3,500) but worth every penny since I was facing over $35,000 in tax liability. The entire appeal process took about 7 months from submission to final decision. It seemed like nothing was happening for months, then suddenly there was a flurry of activity with requests for additional documentation, and then the decision came about 6 weeks after I submitted the last documents they requested. The waiting was honestly the hardest part, but stay persistent and keep following up politely but firmly.

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Has anyone had experience with the Tax Court route? My innocent spouse relief was denied twice (initial application and appeal), so I filed a petition with the Tax Court. Currently waiting for my court date and wondering what to expect.

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I represented a client in Tax Court for innocent spouse relief. The process is much more formal than the administrative appeal. You'll need to prepare a solid case with exhibits and possibly witness testimony. Many cases settle before the actual hearing when IRS counsel reviews the evidence. The Tax Court judges tend to be more sympathetic to innocent spouse claims than IRS examiners, especially when there's clear evidence the petitioner was excluded from financial decisions. My client's case was settled favorably right before the hearing when we presented additional evidence of financial abuse in the marriage.

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Thank you so much for sharing your experience! That's really helpful. I've been gathering additional evidence of financial control by my ex, including statements from our marriage counselor. Do you think I should try to get an attorney at this point, or can I continue representing myself? The cost is a concern but losing would be worse.

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The Boss

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I'm so sorry you're going through this - the stress of dealing with the IRS over something that wasn't your fault is truly overwhelming. Based on what you've shared, you actually have a strong case for appeal. The fact that these were business taxes from your ex's business that were never disclosed during your divorce proceedings is significant. This goes directly to the "knowledge" requirement - you can't be expected to know about tax liabilities that were actively concealed from you, especially during divorce when full financial disclosure is legally required. For your appeal, focus on documenting the concealment. Gather your divorce paperwork showing his financial affidavit didn't include these tax debts, any correspondence where you asked about taxes or finances, and evidence that you were excluded from business operations. Bank statements showing you had no access to business accounts will also strengthen your case. Don't let this denial discourage you. The initial denial rate is high, but many people succeed on appeal when they can clearly demonstrate they were kept in the dark about the tax issues. You mentioned the $27,000 already taken from your refunds - that's substantial enough to justify getting professional help if you can manage it, but you can also pursue the appeal yourself with careful preparation. Stay strong and don't give up. The system is designed to give you a fair review on appeal.

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