General Process
General outline of the process includes:
1. Eligibility determination - must have filed a joint tax return with the spouse or former spouse, and either did not know, and had no reason to know, that there was an understatement of tax on the joint return or did not participate in the understatement of tax on the joint return.
2. Document compilation related to the joint tax return, such as W-2 forms, 1099 forms, and any other supporting documentation.
3. Completion and submission of Form 8857, Request for Innocent Spouse Relief, along with documentation substantiating claim for Innocent Spouse Relief. May include financial records, divorce decrees, legal agreements, or any other evidence that supports the case.
4. IRS communication and follow up.
5. Appeal or agreement.