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@kristinw98 wrote:

I don’t think I can file the innocent spouse in time 

the statement he kept hiding it every 3 months so the interest got bigger he dud this for over a year and i only seen it in the mail recently 

the money is due friday 


I do recommend seeing attorney, CPA, or enrolled agent (an account who is admitted to practice before the IRS).   You should add them to your legal team for the divorce (you will be better served by having a divorce specialist and a tax specialist, instead of one attorney trying to do both things).

 

Generally, the recommendation would be to pay the tax assessment now, then file for innocent spouse relief to get the money back from the IRS.  That minimizes future penalties and interest.  It would also be recommended that you prepare amended returns for the years that you are being assessed, and see if your tax agrees with the proposed assessment.  In some cases, the IRS will adjust your income but won't take into account deductions or credits that might be allowed, so preparing your own amended return will sometimes show less tax owed than the proposed assessment.  In that case, you would send the IRS the amended return and a check for the revised amount along with a letter of explanation.  

 

https://www.irs.gov/individuals/innocent-spouse-relief

https://www.irs.gov/pub/irs-pdf/p971.pdf