Can the IRS increase my assessment iff I appeal the innocent spouse? 2 Answers as of December 14, 2010

If I appeal an innocent spouse decision, can the IRS increase the amount they have assessed me?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
No not for the appeal but you should look to see whether the penalties and interest are running during the appeal.
Answer Applies to: Pennsylvania
Replied: 12/14/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
It appears from your question that you petitioned IRS for innocent spouse relief and IRS has denied that petition. You have a right to appeal IRS' decision within the time frame allowed by law and regulations. IRS will not assess additional tax against you just because you appealed their denial of your petition for innocent spouse relief. If they propose to increase your tax for whatever other reason, they have to notify you in advance and you have a right to a hearing.
Answer Applies to: Illinois
Replied: 12/14/2010
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