Does the innocent spouse law protect you from prosecution in a case like this ?If you are married in a community property state and your spouse did not file a tax return can you be charged?
Your question betrays a misunderstanding of which way is up.
Innocent spouse issues arise only in the context of a joint return. If your spouse did not file a return but you did, there is no innocent spouse issue to address and no crime on the part of the spouse that filed.If you are married in a community property state and your spouse did not file a tax return can you be charged?
Ca is a community property state. Half of your spouses income is counted to you and vice versa. You should have filed married joint with him or married separately. If you file separately you have to count half his income. They are not going to go out and prosecute you for missing a tax year. You will, however, have to pay any penalties and interest accumulated.
Did you report all of your income on a separate return?
Do you live apart?
Did you share income information?
There are some circumstances where you can argue that you shouldn't have to recognize half of his income.
If you filed as ';Married filing separately'; then you have fulfilled your filing obligation.
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