Do I include my spouse's income on an IRS Offer In Compromise if we are estranged?

You can. You should provide a detailed explanation as to why you are submitting an offer allong this with evidence that proves that you are living separately in separate households for a significant period of time. Good luck! Phillip M. Smith Jr. Los Angeles Tax & Business Attorney Licensed in the United States Tax Court www.culvercitytaxandbusinesslaw.com www.corporateattorney.com www.worlclasslawyers.com Main: 323-292-4116 ❘ Cell: 562-505-1004

An offer in compromise is serious and because it has such serious implications should not be undertaken without competent advice of a tax professional (lawyer, CPA, etc.)...it's worth the investment to do it right especially when the issues are less than straightforward. That said, you can typically exclude the income in this situation.

You can include it. The question is why would you want to do that. Usually, we want to exclude the income in these circumstances. You may want to have a tax professional complete, file and negotiate the offer for you that has experience in this area. Most of the attorneys that practice in this area offer a free consultation. I offer a free consultation in my practice and would be happy to take a look at this for you and give you a firm quote to complete the offer. Give me a call if you are interested.