Innocent Spouse Relief – Sort of

Today TaxMama® hears from Melissa in the TaxQuips Forum. “I was granted innocent spouse relief after my divorce in 2013. Yet when I filed my taxes this year, I didn’t get my refund and received no info on why; or if it went to my ex-husband’s unpaid state (WV) taxes, that he hasn’t paid for 3 yrs on his small business. They took my refund for 2013. But I thought if I was granted innocent spouse, they couldn’t take them for 2014.”


Hi Melissa,

You may have been granted innocent Spouse relief from the IRS. But were you granted the same thing in WV?

If you did not file for relief with them, you are still responsible.

Try filing a claim with them on the basis of your IRS relief. Send them the IRS determination letter, along with any forms that WV uses for innocent spouses.

Until you do, the IRS simply acts as a collection agency for the state. They have no choice, if you don’t resolve it on the state level.

If you have filed for relief with the state, then call the state and ask them to return your money. Have their relief letter handy to fax over to them.

And remember, you can find answers to all kinds of questions about innocent spouse and other tax and business issues, free. Where? Where else? At

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