Wife Who Handled House Hold Finances Does Not Qualify for Innocent Spouse Relief

According to Law360, a Florida woman can't get relief from joint liabilities with her ex-husband for income taxes from 2011 through 2014, the U.S. Tax Court said on February 3,2022 in Ana Margarita Fiengo and Pascual E. Fiengo Sr. v. Commissioner, docket number 1250-20, in the U.S. Tax Court.

Ana Margarita Fiengo can't be considered for two forms of innocent spouse relief from her joint liabilities because the liabilities are related to underpayments, not understatements or deficiencies, and she doesn't qualify for the remaining form because of her knowledge of the underpayments, the U.S. Tax Court said.

The Tax Court said Fiengo handled the finances for herself and her ex-husband, paid bills, and held check writing authority over accounts both personal and for a business they owned together. It thus concluded that she knew about the underpayment.

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