In Notice 2012-8, the IRS is proposing to expand how the IRS will consider abuse and financial control by the non-requesting spouse in determining whether the requesting spouse will qualify as an “Innocent Spouse.” The IRS seeks to use abuse or lack of financial control to mitigate other factors that might preclude the requesting spouse from equitable relief under the “Innocent Spouse” provisions. The IRS indicates that it will immediately begin using the new guidelines when evaluating “Innocent Spouse” cases.

See IRS Notice 2012-8, at http://www.irs.gov/pub/irs-drop/n-12-08.pdf.

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