Rhemann CPAs and Consultants show how spouses often are treated as “Guilty Until Proven Innocent” by the IRS. They explain how married couples might be jointly responsible for taxes, interest and penalties, and how a former spouse might be responsible for the past tax matters even if the divorce decree says otherwise, as well as the difference between “innocent” and “injured” spouse status.
Their newsletter includes this advice (excerpt):
Advice: Don’t count on innocent spouse relief if you know your spouse is cheating on tax returns. . . . . [T]he IRS often denies relief.
Consider filing separate tax returns — especially if you’re in the process of a divorce. It may save you a bundle in the future. For more information about your situation, consult with your tax adviser.