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971, Innocent Spouse Relief, for an exception that applies to TEFRA partnership proceedings. • You checked “No” on line 1. When To File. You should file Form Submit the form later (the IRS can process Form 8379 before an offset occurs) or after you have received a letter from the IRS or other agency about the taxIf the refund amount shown on the Notice of Offset is different from the amount claimed on your joint tax return, contact the IRS to find out why. There should Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a.