Which of the following is not a requirement for a spouse to be eligible for innocent spouse relief?
A. When the taxpayer signed the return, he or she did not know, and had no reason to know, tat
there was an understatement of tax.
B. The taxpayer must have filed as either MFJ or MFS.
C. The return had an understatement of tax directly related to the spouse's erroneous items.
D. The facts and circumstances show that it would be unfair for the IRS to hold the taxpayer liable for
the understatement. - Answers B. Innocent spouse relief is available only for a spouse who has filed
jointly and is therefore legally liable for the understatement of tax. To qualify for innocent spouse
relief, the taxpayer must meet all of the following conditions:
1. The taxpayer filed a joint return that has an understatement of tax directly related tot he spouse's
erroneous items.
2. The taxpayer establishes that, at the time of signing the joint return, he or she did not know, and
had no reason to know, that there was an understatement of tax.
3. Taking into account all the facts and circumstances, it would be unfair for the IRS to hold the
taxpayer liable for the understatement.
In order to qualify for innocent spouse relief, a taxpayer must submit Form 8857, Request for
Innocent Spouse Relief, and sign it under penalty of perjury.
Catherine files an extension request (Form 4868), which allows her an additional six months to file her
tax return. When she finally prepares her return, she realizes she owes a substantial amount of tax.
She pays the tax when she files the return, which she does before the extended due date. Which
penalties, if any, will Catherine be likely to owe?
A. She will owe interest on the amount owed and a late payment penalty.
B. She will owe interest on the amount owed and a late filing penalty.
C. She will owe interest on the amount owed, a late payment penalty, and a late filing penalty.
D. She will not owe any penalties because she filed before the extended due date and paid the taxes
with the return. - Answers A. Even though she files Form 4868, Catherine may owe interest and a late
payment penalty on the amount owed if she does not pay the tax due by the regular due date.
However, she will not be assessed a late filing penalty (failure-to-file) because she filed her tax return
before the extended due date.
Isla files as single and has no refundable credits. She is not self-employed. Based on the figures below,
is she required to pay estimated tax in the current year?
AGI for prior tax year = $73,700
Total tax on prior year return = 9224
Anticipated AGI for current year = 82,800
Total current year estimated tax liability = 11,270
Tax expected to be withheld in current year = 10,250
A. Yes, she is required to make estimated tax payments.
B. No, she is not required to make estimated tax payments.
C. She is not required to make estimated tax payments because she does not have self-employment
income.
D. None of the above is correct. - Answers B. Isla does not need to pay estimated tax because she
expects her income tax withholding in the current year ($10,250) to be greater than both 90% of the
tax to be shown on her current year return ($11,270 x 90% = $10,143) and 100% of her prior year tax
liability ($9,224). Therefore, Isla qualifies for the safe harbor rule and is not required to make
estimated tax payments. A taxpayer is not required to pay estimated tax if:
* the taxpayer had no tax liability in the prior year,
*the taxpayer was a US citizen or resident alien, and
*the prior tax year covered a 12-month period.
A taxpayer also does not have to pay estimated tax if she pays enough through withholding so that
the tax due on the return is less than $1,000. In most cases, a taxpayer must pay estimated tax if she
expects withholding (plus any refundable credits) to be less than the smaller of:
*90% of the tax to be shown on the current year tax return, or
*100% of the tax shown on the prior year tax return.
Generally, how long should taxpayers keep the supporting documentation for their tax returns?