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IRS Tax Abatement

Abatement, or adjustment of a tax liability means to reduce or change a tax, penalty, or interest. More commonly, abatement refers to eliminating an assessed tax liability and adjustment references reducing or altering an assessed tax liability.

There are many reasons for abatement of taxes and assessed tax penalties, including “Innocent Spouse” determination. Typically, adjustment/abatement is a means for reducing or deferring a liability which is used in conjunction with another tax relief method to resolve the taxes owed. There are three types of Innocent Spouse relief: traditional Innocent Spouse relief, separation of liability, and equitable relief. Traditional Innocent Spouse relief is granted to joint-filers (typically married couples) when one spouse was unaware of the erroneous item which created a tax liability; Separation of liability is primarily for join-filers who are currently separated, and equitable relief is for a spouse who should not be held liable and who fails to meet the two preceding determinations.

In all of the Innocent Spouse adjustments, the IRS’ goal is to provide relief to the spouse who was unaware or not at fault for the creation of a tax liability; hence the IRS rules that it would be inequitable to hold the innocent souse liable for any tax deficiencies.


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