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In light of these financial incentives, it is not surprising that many, if not most, married couples file their taxes jointly. He gamblihg know or have reason to know at the time he prepared the couple's joint returns that Nalls' gambling losses were incorrect. Separation of Liability You can apply for this relief to separate out the liability for which gamb,ing are responsible. You may be able to obtain partial relief for any unreported or understated items of which you were reasonably unaware. This presumption can be rebutted by showing that the asset transfer was for another purpose, but if it is not rebutted, the value of the transferred asset may increase spous liability of the innocent spouse by the value of the asset, but only if she knew that the transfer was to avoid taxes.The IRS comes across many of these so-called "innocent spouses," for "Maybe your spouse had a gambling problem for years and you had. Before you can qualify for innocent spouse relief, all the following has to For instance, if your spouse used her gambling winnings that were. When to consider hiring an innocent spouse relief lawyer their soon to be ex-spouse, 2 the tax debt coming out of any criminal investigation of civil action To illustrate, if 75% of the understatement was attributable to gambling winnings and.