Bankruptcy courts lack jurisdiction to apply “innocent spouse” relief to determine the amount of a tax claim to be paid in a Chapter 13 case. (Taddonio) In re Geary, 2023 WL 2996720 (Bankr. W.D. Pa. April 19, 2023)
When a taxpayer signs a joint tax return with their spouse, the Internal Revenue Code is very clear. Both signatories to the return are personally and severally liable for the taxes due.
This joint and several liability has historically led to situations where one spouse (“innocent spouse . . .
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