By Bernie Becker - 07/25/11 07:59 PM EDT
Under the new IRS policy, the usual deadlines for IRS collection and refund requests will apply to innocent-spouse claims.
In addition to scrapping the two-year limit, the IRS will also not move to collect in some innocent-spouse cases where a ruling already has been made. According to Monday’s announcement, taxpayers who had their request for protection denied solely because they did not meet the two-year deadline also can resubmit their claim, if the IRS collection window has not expired.
Nina Olson, the national taxpayer advocate, and a pair of veteran House Democrats applauded Monday's move, with Olson calling it “a welcome occasion where everyone has emerged a winner.”
"This is a huge victory that removes an arbitrary obstacle for innocent spouses, primarily women, and helps us move toward a more equitable tax system,” Rep. Pete Stark (D-Calif.), a senior member of the tax-writing House Ways and Means Committee, said in a statement.
Rep. Jim McDermottJim McDermottHouse passes bill exempting some from ObamaCare mandate Government to step in if insurance companies don't offer affordable health care choices Dems fear they made a mistake passing ObamaCare provision MORE (D-Wash.), another Ways and Means member, and Stark had prodded Shulman to withdraw the two-year rule in an April letter signed by more than 45 other House Democrats.
Sen. Max BaucusMax BaucusChina moves to lift ban on US beef Overnight Healthcare: Zika fight stalls government funding talks | Census finds big drop in uninsured | Mental health bill faces wait Glover Park Group now lobbying for Lyft MORE (D-Mont.), the chairman of the Finance Committee, and two other Senate Democrats also called on the IRS to look into the matter, while Rep. Michele BachmannMichele BachmannThe right-wing wants a revolution, and we had better pay attention Bachmann: Trump, GOP feud isn't a 'civil war' Trump says 2016 is the GOP's last chance to win MORE (R-Minn.) introduced legislation this year to get rid of the two-year time limit.
The Treasury Department and the IRS installed the two-year deadline in 2002 regulations, after Congress did not set insert a time limit for this particular claim in legislation aimed at helping innocent spouses.