Innocent Spouse Relief



McFarlane Law, PLC
14500 N. Northsight Blvd, Suite 217
Scottsdale, AZ 85260

Phone: 480-991-0032
Fax: 480-483-6673

Helping Clients Resolve Tax Problems

Is the IRS or ADOR sending you intimidating notices and telephone calls? Are you having tax problems? Is the IRS or ADOR filing liens, garnishing your wages, levying assets, and ruining your financial and personal life? Has the IRS or the ADOR initiated an audit against you or your business? Do you feel you need a second tax opinion? Have you received a commercial or residential property tax assessment that you believe is unfair?

IRS tax debts require immediate action.

If you are involved or concerned that you might become involved in a fight with tax authorities, the attorneys at McFarlane Law, PLC can help. Based in Scottsdale, we represent clients throughout Phoenix, Tucson, Flagstaff, Sierra Vista, and all other cities in Arizona and the nation in IRS matters, and throughout Arizona in state and local and property tax controversies.

Select a Tax Attorney Who has a Successful Record Defending Tax Disputes.

Our team includes Richard W. Bredemann, who is both a lawyer and a certified public accountant (CPA), and Stephen J. McFarlane, a former IRS litigation attorney with an LL.M. degree in Tax Law. He have the experience and relationships needed to resolve your tax problem. Contact us to get our valuable tax experience on your side.

Once you have been alerted to the fact that you may have a problem with the IRS, the ADOR, or with other state or local tax authorities, your first step should be to contact a knowledgeable tax lawyer who has years of helping clients resolve their tax problems. Our attorneys have the hands-on experience and essential relationships to quickly resolve your tax controversy.

  • IRS penalties, interest and abatement
  • Wage garnishment and levies
  • Tax liens and seizures
  • Offers in compromise
  • IRS payment plans
  • Tax appeals
  • Payroll taxes
  • State and local taxes
  • Innocent spouse relief
  • Foreign Bank Account Report issues

Our tax lawyers are educated in tax law, have decades of experience, including experience litigating for the IRS. We achieve positive results because we know the system, the procedures, the personnel who work for the IRS and ADOR. We know how they think and what will need to be done to attain a good result for you.

Guiding You Through the Tangled Issues of Tax Procedure and Processes

The complexity of the tax laws almost always require you to contact an experienced tax attorney. Our attorneys will meet with you personally, carefully examine your documents, the facts and circumstances of your case, and advise you on the best way to achieve a favorable resolution of your issue.

Tip: There are a lot of myths about resolving tax problems. The IRS and other tax authorities have a lot of power and a lot of resources. There is no one-size-fits-all way to deal with them. That is why you need an experienced advocate who knows IRS procedures.

Clearing up tax controversies is a careful, complex process that often involves strict time limitations. The experienced tax attorneys at McFarlane Law, PLC can guide you through the process in pursuit of the best possible resolution. By retaining our tax lawyers, a taxpayer gains quality service and expertise of tax professionals who deal directly with the IRS and the ADOR. Our objective, when dealing with the IRS or ADOR is to identify the appropriate means of resolving the taxpayer’s account given all facts, circumstances and law and to prevent the IRS or ADOR from taking inappropriate collection activity. If you have tax issues, your unfiled returns that will create tax problems, don’t hesitate to contact us to discuss how we can help you.

When husband and wife prepare, review and sign a joint tax return, there is a jurat by which the spouses swear that they have read and understand the tax return. Often times, a taxpayer pays to have their tax returns prepared. They then merely look at the first and second pages to see if they are getting a refund or owe money, and never consider each entry on the returns. After a life changing event (such as a divorce or a death of one spouse), an innocent spouse or an injured spouse case may arise. A subsequent IRS review or audit may raise tax issues which one spouse was totally unaware, and did not have a reason to be aware. Sometimes, under certain facts and circumstances, the unaware spouse may obtain relief under IRS policies and procedures, as required by tax statutes.

The relief granted is always based on a comprehensive facts and circumstances analysis, so it is always beneficial to consult with a qualified and experienced tax lawyer. Importantly, there is established case law and IRS written determinations that must be considered. In short, an innocent spouse request is not a path the lay taxpayer should meander along without knowledgeable and experienced tax counsel.

The process for obtaining relief is not quick. It begins by timely filing a request for innocent spouse relief, Form 8857. Your tax attorney can assist you in completing that form and the required packet of information. There are several other forms that must be completed, including an interview form that contains tricky questions. If these certain tricky questions are not completed correctly, the requesting spouse stands a good chance of being denied relief by the reviewing agent. Also, pursuant to recent revised statutes, the non-requesting spouse must be notified of the filed request and be given an opportunity to respond or object. Again, this may present an adversarial situation in which prior tax litigation counsel is recommended.

We at McFarlane Law, PLC have attorneys who have the requisite knowledge of the innocent spouse law and the IRS policy and procedures in regard to innocent spouse or injured spouse relief. We have years of experience in handling the many different fact-based scenarios. We have the important relationships with the Revenue Agents, Revenue Officers, Appeals Officers and District Counsel Attorneys (Office of Chief Counsel) to effectively and efficiently resolve your requests for innocent spouse relief or injured spouse claims.

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