Request for Innocent Spouse Relief

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 8857 Request for Innocent Spouse Relief	Form	Modified	Available
1545-1596 burden comp.pdf	Supplementary Document	Uploaded 2006-08-22	Available
1545-1596 summary of changes.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2006-08-22	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
18864	Request for Innocent Spouse Relief	Form	Modified

ICR Details

OMB Control No: 1545-1596	ICR Reference No: 200608-1545-053
Status: Historical Active	Previous ICR Reference No: 200406-1545-012
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Request for Innocent Spouse Relief
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/19/2006
	Date Received in OIRA: 09/18/2006
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2007	07/31/2007	07/31/2007
Responses	50,000	0	50,000
Time Burden (Hours)	208,500	0	57,000
Cost Burden (Dollars)	0	0	0

---

Abstract: Section 6103(e) of the Internal revenue code allows taxpayers to request, and IRS to grant, "innocent spouse" relief when: taxpayer filed a joint return with tax substantially understated; taxpayer establishes no knowledge of or beneft from, the understatement; and it would be inequitable to hold the taxpayer liable. GAO Report GAO/GGD-97-34 recommended that IRS develop a form to make relief easier for the public to request.

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Request for Innocent Spouse Relief	8857	Request for Innocent Spouse Relief

---

ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	50,000	50,000	0	0	0	0
Annual Time Burden (Hours)	208,500	57,000	0	151,500	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: At the request of Innocent Spouse Process Improvement Team we made revisions to the form to reduce taxpayer errors and help the IRS process the form faster. The changes included requesting more information needed to decide whether to grant innocent spouse relief. Previously, we asked for this information on Form 12510, Questionnaire for Requesting Spouse, which was sent to the requesting spouse after we received Form 8857. Form 12510 will be obsoleted when the revised Form 8857 is approved for printing. We plan to focus test the revisions to the form.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/18/2006

---