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This is a tax attorney questionThis is a tax attorney question for Lane or other ...In August 2017 - I filed innocent spouse 8857 and I went to court last month 9/17 for a hearing on 2008/09' income reported deficiencies. My soon to be ex husband conceded to all $650k. The judge acknowledged my 8857 filing and says she will hold open the issues on my motion for leave to file amendment to petition. She also ordered a response to submit a report regarding the status of my claim for innocent spouse relief.
**note that my husband and his esq objected to my filing of innocent spouse. And the respondent(IRS) did not object to my filing however they took a contrary position on my husbands claim to possibly file 8857 to which he ultimately did not .So my question is .....
what do I put in this report ?
What does the judge want to read or see ? Is it a reiteration of my original filing of innocent spouse ?
The Cincinnati office that works on 6015/
8865 asked me for reports of DV or any persons motorized personal accounts of knowledge to DV. I requested police reports already . I'll send them to the Cincinnati office but keep a copy for the judges report.Please help on what I should write about in this report to the judge .
Thank you .
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Answered in 46 minutes by:
10/15/2017
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12,999
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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She wants to know if/when innocent spouse relief is actually granted

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Do you have some acknowledgment that relief has been granted?

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Customer reply replied 1 month ago
No it has not been granted yet -
The case in Cincinnati has up to another 6 months to decide on the administrative end , she wants to know why she should keep the issue open of my motion for leave to file amendment to petition.So how do I answer that ?
Customer reply replied 1 month ago
She could dismiss my 8857!claim as my husband and his attorney have objected to it .
She can rule on the judicial side to dismiss it and that will end the administrative side in Cincinnati too ( this is info that I've heard is possible ).

I would answer exactly what she's asked. Report the status. The status at this point is that you have not received any determination, but that based on the facts, you expect to be granted the innocent spouse relief.

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Customer reply replied 1 month ago
Good answer -it's simple , thank you .
Customer reply replied 1 month ago
You totally simplified this for me , as you have done so in the past too
Thank you Lane !!!
You are great !!!

Yep, just meet the deadlines and literally do what's asked.

...

Lane

Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12,999
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Lane and 87 other Tax Specialists are ready to help you
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Customer reply replied 1 month ago
Ok will do .

(the way the system works - all judicial systems - is that if you show up and if you meet your deadlines, you keep the process going) - your adversaries here are hoping you'll miss a deadline, and they'll win by default.

...

Thanks

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Customer reply replied 1 month ago
that is true ....
And my adversary is not the IRS this time ... it's my own spouse - so sad .

I understand .... you're not alone. We see MANY like this - Just be strong. Beat them at the game. File everything when you should, answer factually, and stick to your guts about what's really going on here ... (not a bad phrase to use ... "what REALLY going on here is ..."

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Customer reply replied 1 month ago
Nice phrase . ��
Thank you
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Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
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