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@kristinw98 wrote:

unfortunately I do  not have $3500 he does 

he knows he has until friday 

we have a hearing 

he screwed up he can pay it all 


Once again, you need competent legal advice specific to tax matters.  If you signed a joint return, then the IRS can hold either spouse individually liable for any tax debt.  If a final court decision rules that you are not entitled to relief, or if a final court does not mention tax relief when you could have asked the court to consider it, then you are not eligible to apply for innocent spouse relief.  But even if a court grants relief and makes your spouse fully liable, the IRS can still come after you because the IRS is not always bound by state courts.  There is also a time limit for applying for innocent spouse relief.