Applying for Innocent Spouse Relief

innocent spouse relief apply

When applying for innocent spouse relief, having a trusted advisor by your side is critical. As a tax attorney that specializes in family law, Dale O'Neal can help you apply for innocent spouse tax relief and will provide representation in tax court if needed. To get started, please bring the following items with you for your interview:

  • A copy of the transcript of your case from the IRS. The transcript is the IRS’ file on your case and can be obtained by contacting the IRS office that issued correspondence. If you do not have a copy, we will obtain one for you.
  • Any and all information relative to the areas of our firm’s concentration including the income and expense worksheet and financial statement described on the Innocent Spouse Relief page. Additionally, make and bring with you a detailed list of each and every event that falls within any of the areas of our concentration. Remember, the O’Neal Law Firm is telling your story to the IRS. Obtain copies of any and all documents that substantiate your story within these areas.
  • A list of each and every witness to every act that occurred within any of the above areas. The list should include the witness's name, mailing address, telephone number, email address and a short narrative of what the witness saw and heard. Bring a copy of any documents you signed in connection with your tax liability (i.e. divorce decree).
  • A copy of each and every medical record(s) that shows abuse including emergency room reports, prescriptions, explanation of benefits from health insurance companies.

Pending Divorce from an Abusive Spouse

If possible, the divorce court pleading should include content to maximize the possibility of a favorable ruling. If applicable and your state allows, your divorce court pleadings should allege that you are a victim of some sort – a victim of abuse, manipulation, secrecy, financial mismanagement by your spouse. Or, possibly, that you suffer mental or physical health problems. All of these should be substantiated with factual allegations not mere conclusions. Also, if allowable, divorce pleadings should have a notarized affidavit attached that sets forth in detail and with specific dates, any events of abuse. This affidavit can be used as evidence in your Innocent Spouse Petition so it is important that it contain as many factual allegations as can be legally supported. Your divorce pleadings and this affidavit will be filed in the public records and will be stamped by the court clerk as evidence of such. A copy will be sent by our firm to the IRS as part of our handling of your Innocent Spouse claim.

Also, our firm will review all divorce depositions. In the event we are co-counsel on the divorce, then, our firm will participate in the divorce depositions. In divorce court, the actual depositions are not always filed in the divorce court file, but there is almost always a certificate filed showing that a deposition was taken, which party requested the giving of a deposition, the name of the witness, etc. If we determine the deposition is overall beneficial for your Innocent Spouse claim, we will copy and submit it to the IRS.

The Petition and the Package

Our firm submits a “package” of information to the Office of Innocent Spouse whenever we file a petition. An organized package of information, facts, affidavits, depositions, video depositions, medical transcripts, etc.

Most firms submit a petition. In our firm, the petition is only a small part. We organize the package of information in order to have the greatest impact on the Office of Innocent Spouse. We determine which of the eight categories is our strongest case, and we organize the submission packet accordingly.

The O’Neal Law Firm's Success Rate

To date, our firm has had overwhelming success in our Innocent Spouse Petitions. We try to go above and beyond. Our objective is to overwhelm the IRS, and to intimidate the former spouse. Remember that the former spouse will be given an opportunity to respond. The former spouse will receive copies of all documents we file with the Office of Innocent Spouse. In my experience, if we overwhelm everyone with our evidence, the other side often chooses to simply never respond. If we overwhelm everyone, often the other side fails to respond and the IRS can rule in our favor like a “default ruling. ” We are available to work as co-counsel with referring attorneys and enrolled agents and CPA firms.

We are available for outright referrals.

We are available for divorce consultations or to co-counsel divorce litigation. Please call me at 817-877-5995. We have a nationwide innocent spouse IRS practice. To our knowledge, Mr. O'Neal is the only lawyer in the USA both Board Certified in Family Law as well as and L.L.M. in Taxation and also licensed in U.S. Tax Court.

Our firm has represented clients in each of the following states: California, Texas, New York, Pennsylvania, Arizona, Florida, Indiana, New Mexico, Colorado, Vermont, Maine, Oregon, Washington State, Washington DC, Montana, Wyoming, Nebraska, South Dakota, Louisiana, North Dakota, Oklahoma, Georgia, Virginia, Massachusetts, Missouri, Maryland, Wisconsin, South Carolina, Alabama, North Carolina, Kansa, Nevada, Pennsylvania, Ohio, Michigan, New Jersey, Alaska, Connecticut, Iowa, Utah, Mississippi, Arkansas, Kansas, Idaho, Hawaii, New Hampshire, Maine, Rhode island, and other locations throughout the world.