1.7 Innocent Spouse Rules
Unless you qualify for relief, you are personally liable for any tax due on a joint return you have filed, whether you are still married to the spouse with whom you filed the joint return or you have since divorced or separated.
If you are still married and living with the same spouse, the only way to avoid personal liability on the joint return is to qualify as an innocent spouse under the rules in this section, or to apply for equitable relief from the IRS (1.9).
If you are divorced, legally separated, living apart, or your spouse has died, you may either seek relief under the innocent spouse rules below or you may be able to claim separate liability treatment (1.8) or seek equitable relief (1.9) from the IRS.
Qualifying tests for innocent spouse relief.
You must satisfy all of the following conditions to qualify for innocent spouse relief:
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