Free Form 8857 (Rev. June 2007) - Federal

Form (Rev. June 2007)

8857

Request for Innocent Spouse Relief
OMB No. 1545-1596

Department of the Treasury Internal Revenue Service (99)

Do not file with your tax return.

See separate instructions.

Important things you should know
Answer all the questions on this form that apply, attach any necessary documentation, and sign on page 4. Do not delay filing this form because of missing documentation. See instructions. By law, the IRS must contact the person who was your spouse for the years you want relief. There are no exceptions, even for victims of spousal abuse or domestic violence. Your personal information (such as your current name, address, and employer) will be protected. However, if you petition the Tax Court, your personal information may be released. See instructions for details. If you need help, see How To Get Help in the instructions.

Part I

Should you file this form? You must complete this part for each tax year.
Tax Year 1 Tax Year 2 Tax Year 3*

1

Enter each tax year you want relief. It is important to enter the correct year. For example, if the IRS used your 2006 income tax refund to pay a 2004 tax amount you jointly owed, enter tax year 2004, not tax year 2006 Caution. The IRS generally cannot collect the amount you owe until your request for each year is resolved. However, the time the IRS has to collect is extended. See Collection Statute of Limitations on page 3 of the instructions. Check the box for each year you would like a refund if you qualify for relief. You may be required to provide proof of payment. See instructions Did the IRS use your share of the joint refund to pay any of the following past-due debts of your spouse: federal tax, state income tax, child support, spousal support, or federal non-tax debt such as a student loan? If "Yes," stop here; do not file this form for that tax year. Instead, file Form 8379. See instructions. If "No," go to line 4 Did you file a joint return for the tax year listed on line 1?

1

2 3

2
Yes No Yes No Yes No

3

4

If "Yes," skip line 5 and go to line 6.
If "No," go to line 5 5 If you did not file a joint return for that tax year, were you a resident of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin? If "Yes," see Community Property Laws on page 2 of the instructions. If "No" on both lines 4 and 5, stop here. Do not file this form for that tax year 4

5
*If you want relief for more than 3 years, fill out an additional form.

Part II
6

Tell us about yourself
Your social security number Apt. no. County

Your current name (see instructions) Your current home address (number and street). If a P.O. box, see instructions. City, town or post office, state, and ZIP code. If a foreign address, see instructions.

Best daytime phone number ( )

Part III
7

Tell us about you and your spouse for the tax years you want relief

Who was your spouse for the tax years you want relief? File a separate Form 8857 for tax years involving different spouses or former spouses. That person's current name Current home address (number and street) (if known). If a P.O. box, see instructions. City, town or post office, state, and ZIP code. If a foreign address, see instructions. Social security number (if known) Apt. no. Best daytime phone number ( )
Form

For Privacy Act and Paperwork Reduction Act Notice, see instructions.

Cat. No. 24647V

8857

(Rev. 6-2007)

Form 8857 (Rev. 6-2007)

Page

2

Note. If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security number on the top of all pages you attach.

Part III
8

(Continued)

What is the current marital status between you and the person on line 7? Married and still living together Married and living apart since
MM

/
DD

/
YYYY

Widowed since
MM

/
DD

/
YYYY

Attach a photocopy of the death certificate and will (if one exists). Attach a photocopy of your entire separation agreement.
YYYY

Legally separated since
MM

/
DD

/ /
DD YYYY

Divorced since
MM

/

Attach a photocopy of your entire divorce decree.

Note. A divorce decree stating that your former spouse must pay all taxes does not necessarily mean you qualify for relief. 9 What was the highest level of education you had completed when the return(s) were filed? If the answers are not the same for all tax years, explain. High school diploma, equivalent, or less Some college College degree or higher. List any degrees you have List any college-level business or tax-related courses you completed Explain

10

Were you a victim of spousal abuse or domestic violence during any of the tax years you want relief? If the answers are not the same for all tax years, explain. Yes. Attach a statement to explain the situation and when it started. Provide photocopies of any documentation, such as police reports, a restraining order, a doctor's report or letter, or a notarized statement from someone who was aware of the situation. No.

11

Did you sign the return(s)? If the answers are not the same for all tax years, explain. Yes. If you were forced to sign under duress (threat of harm or other form of coercion), check here No. Your signature was forged. See instructions.

. See instructions.

12

When any of the returns were signed, did you have a mental or physical health problem or do you have a mental or physical health problem now? If the answers are not the same for all tax years, explain. Yes. Attach a statement to explain the problem and when it started. Provide photocopies of any documentation, such as medical bills or a doctor's report or letter. No.

Part IV
13

Tell us how you were involved with finances and preparing returns for those tax years

How were you involved with preparing the returns? Check all that apply and explain, if necessary. If the answers are not the same for all tax years, explain. You filled out or helped fill out the returns. You gathered receipts and cancelled checks. You gave tax documents (such as Forms W-2, 1099, etc.) to the person who prepared the returns. You reviewed the returns before they were signed. You did not review the returns before they were signed. Explain below. You were not involved in preparing the returns. Other Explain how you were involved

Form

8857

(Rev. 6-2007)

Form 8857 (Rev. 6-2007)

Page

3

Note. If you need more room to write your answer for any question, attach more pages. Be sure to write your name and social security number on the top of all pages you attach.

Part IV
14

(Continued)

When the returns were signed, were you concerned that any of the returns were incorrect or missing information? Check all that apply and explain, if necessary. If the answers are not the same for all tax years, explain. You knew something was incorrect or missing, but you said nothing. You knew something was incorrect or missing and asked about it. You did not know anything was incorrect or missing. Explain

15

When any of the returns were signed, what did you know about the income of the person on line 7? If the answers are not the same for all tax years, explain. You knew that person had income.
List each type of income on a separate line. (Examples are wages, social security, gambling winnings, or self-employment business income.) Enter each tax year and the amount of income for each type you listed. If you do not know any details, enter "I don't know." Tax Year 1 Type of income Who paid it to that person Tax Year 2 Tax Year 3

$ $ $
You You You You Explain 16

$ $ $

$ $ $

knew that person was self-employed and you helped with the books and records. knew that person was self-employed and you did not help with the books and records. knew that person had no income. did not know if that person had income.

When the returns were signed, did you know any amount was owed to the IRS for those tax years? If the answers are not the same for all tax years, explain. Yes. Explain when and how you thought the amount of tax reported on the return would be paid No. Explain

17

When any of the returns were signed, were you having financial problems (for example, bankruptcy or bills you could not pay)? If the answers are not the same for all tax years, explain. Yes. Explain No. Did not know. Explain

18

For the years you want relief, how were you involved in the household finances? Check all that apply. If the answers are not the same for all tax years, explain. You knew the person on line 7 had separate accounts. You had joint accounts but you had limited use of them or did not use them. Explain below. You used joint accounts. You made deposits, paid bills, balanced the checkbook, or reviewed the monthly bank statements. You made decisions about how money was spent. For example, you paid bills or made decisions about household purchases. You were not involved in handling money for the household. Other Explain anything else you want to tell us about your household finances Has the person on line 7 ever transferred assets (money or property) to you? (Property includes real estate, stocks, bonds, or other property to which you have title.) See instructions. Yes. List the assets and the dates they were transferred. Explain why the assets were transferred

19

No.
Form

8857

(Rev. 6-2007)

Form 8857 (Rev. 6-2007)

Page

4

Part V
20 21

Tell us about your current financial situation
Adults Children

Tell us the number of people currently in your household.

Tell us your current average monthly income and expenses for your entire household. If family or friends are helping to support you, include the amount of support as gifts under Monthly income. Under Monthly expenses, enter all expenses, including expenses paid with income from gifts. Monthly income Gifts Wages (Gross pay) Pensions Unemployment Social security Government assistance, such as housing, food stamps, grants Alimony Child support Self-employment business income Rental income Interest and dividends Other income, such as disability payments, gambling winnings, etc. List the type below: Type Type Type Total Amount Monthly expenses Federal, state, and local taxes deducted from your paycheck Rent or mortgage Utilities Telephone Food Car expenses, payments, insurance, etc. Medical expenses, including medical insurance Life insurance Clothing Child care Public transportation Other expenses, such as real estate taxes, child support, etc. List the type below: Type Type Type Total Amount

22

Please provide any other information you want us to consider in determining whether it would be unfair to hold you liable for the tax. If you need more room, attach more pages. Be sure to write your name and social security number on the top of all pages you attach.

Caution
By signing this form, you understand that, by law, we must contact the person on line 7. See instructions for details.

Sign Here
Keep a copy for your records.

Under penalties of perjury, I declare that I have examined this form and any accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Your signature Date

Preparer's Paid signature Preparer's Firm's name (or yours Use Only if self-employed), code address, and ZIP

Date

Check if self-employed EIN Phone no. (

Preparer's SSN or PTIN

) Form

8857

(Rev. 6-2007)