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Innocent spouse relief letter example Form: What You Should Know

File Form 8857 (and your letter), at or see a Local Tax Assistance Center (LTC) in your area for guidance on where to file. Ask your LTC for  help in determining whether your spouse's filing status and filing date (if you have one) qualify you to participate in Innocent Spouse Relief. If you are eligible for Innocent Spouse Relief, you are entitled to one-half of the credit in the following amounts: If the spouse was married to you and died before you were 21, you might be eligible for a credit of 80 percent of the amount you paid for the loss of your spouse's tax benefit. For losses for which you were eligible to deduct (or take credit for, for instance, a medical expense), you may be eligible for a credit of 2,000. If the spouse died after you were 21, and you were the surviving spouse who had lived with the deceased, there is no credit allowed, regardless of the length of the marriage. You must include the information with your  I didn't get Innocent Spouse Relief! If you were entitled to innocent spouse relief, and you didn't know it or claim it, you should do the following: File the return (Form 8857) in the name of the taxpayer (the spouse who died). If you aren't sure if you qualify, write “independently established” in the instructions field for the form. If you qualify for Innocent Spouse Relief, but you don't know it, check with your tax preparer. If you qualify, but you haven't filed form 8857 yet, you and your preparer should  Ask your prepared tax preparer for the Instructions for Form 8857. Also check your Taxpayer Assistance Center (TAC) or LTC (if you live in a state that requires one) for assistance with filing your Form 8857. Send the completed forms (including an explanation if they were mailed in error) to the address in  Find another source of relief, such as claiming the child or dependent care tax credit, by contacting the IRS with the forms and supporting paperwork you have.  Ask whether the IRS will review the paperwork and if so, give you a reason to withhold your payment. If you decide to withhold your payment, ask the IRS to consider the value of the tax benefits that you might have been entitled to if you hadn't received the relief.

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