Am I eligible for Injured Spouse Relief?

[mth212]

I divorced in 2016. We filed jointly for the last time for 2015 and owed $6600. I gave my ex a check for my half, $3300, and he was to write the check to the IRS for the $6600. He cashed my check but never did pay (told me he did) and I didn't find that out until I filed my 2016 taxes (single/HOH). I was due a refund of $4309, but got a notice that it was applied to the old $6600 debt. So now I'm out my refund, the original $3300 I gave to my ex, and STILL owe $2300. Can I file for Injured Spouse Relief? If so, what tax year do I put on the Form 8379? Or do I need to apply for Innocent Spouse?

[DianeW · Accepted solution]

You should apply for the innocent spouse relief.  This seems like it was a joint IRS tax debt since the money was supposed to be paid to them.  Be prepared to mail proof of your payment to your spouse to request relief.

Use the information below to help with the filing of this form 8857, for Innocent Spouse.  It is a stand alone form and will be mailed by itself with any requested documentation.

https://ttlc.intuit.com/replies/3302331