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I just got my decision in my NY tax case involving my client being innocent. The hearing officer agreed with us and cancelled all assessments against my client. this was for sales tax and the spouse put the business in her name since he had partners in his main business and wasn't allowed to own another company in a similar field.

I keep yelling at my interns [our only hourly people] that I don't want to see 4:55 or 9:10, on their time sheets, Just go to the nearest 15 minutes or 1/2 hour...I never question time and if I did I bet most don't take the hour lunch or 2 breaks they are entitled to in NY. As KC said even if they get an extra 1/2 pay a day, its very insignificant to most businesses and I wouldn't want someone not to finish a return because the clock stuck 5, being generous with employees makes them better employees.

IRS has a well-worded warning on their web site about this issue as well. http://www.irs.gov/uac/Newsroom/IRS-Reiterates-Warning-of-Pervasive-Telephone-Scam

New ;law for Innocent spouse in last 2 years - can apply and file from here on out to be not a part of the payment.. Form 8857 It probably will not help the back years but forward it does. Am in the process of one right now since I found out about this from a WI seminar with Scioli and Associates out of Saginaw MI - excellent firm for this and OIC...

You were right.

This has been a great update on this topic. Thanx, all.

Sending this to my young adults with their young children thx

Personally, I'd just round to 9, why turn a good employee into an unhappy employee over a few minutes? I'd rather raise an issue of her leaving early, if that's a regular occurrence.

I have clients filing injured spouse that took 4 months to receive the refund. I always file the 8379 with the return. The IRS person is ill-informed and not properly trained. This has become the standard for phone help at the IRS. Tell your client to stop calling the IRS and be patient.

With apologies to all the men here............... Making The Marriage Choice A wealthy man decided it was time for him to get married, but he was having trouble choosing among three likely candidates. So he gave each woman $5,000 and watched to see what they do with the money. The first does a total makeover -- she went to a fancy beauty salon to get her hair done, buys new makeup and several new outfits, and dresses up very nicely for the man. She tells him that she has done this to be more attractive for him because she loves him so much. The man was impressed. The second went shopping to buy the man gifts. She gets him a new set of golf clubs, some new gizmos for his computer, and some expensive clothes. As she presents these gifts, she tells him that she has spent all the money on him because she loves him so much. Again, the man is impressed. The third woman invested the money in the stock market and very quickly earns several times the $5,000. She gives him back his $5000 and reinvests the remainder in a joint account. She tells him that she wants to save for their future because she loves him so much. Obviously, the man was quite impressed. But how did he choose which one to marry? If you don't know the answer, you're not thinking. He's a man: he married the one with the biggest boobs.

Well, the Injured spouse is one who, for example, married him/her AFTER the tax debt was incurred, and in that case, only the funds belonging to the t/p owing the debt will be seized. The innocent spouse is one who did not BENEFIT from the unreported income. It's not just that one of them did not KNOW about it, if, for example, they lived in a bigger, nicer home, drove better cars, etc, than their reported income justified, the IRS is not going to buy the innocence argument.

And, the answer to everything is -- pick one: Yes, dear! Whatever you think, dear! That's right, dear! That's a wonderful idea, dear! each said with enthusiasm.