CALIFORNIA FAMILY LAW
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Income Tax Matters
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Tax Returns/Rates
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Innocent Spouse Rule-Jt. Return
............Effect on Allocation of Debt
3 Cards On This Topic:
H's estate has no standing to challenge IRS decision that W is innocent spouse with no additional tax liability on joint returns.
The trial ct. is not bound by the IRS's innocent spouse determination and may treat the tax liability as a community debt.
IRS finding that W is "innocent spouse" does not preclude Calif. court from ordering her to pay 1/2 of tax liabilities.