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Subject Author Date
Dependents Claimed on Two Returns runtwoday 04-19-2007
Posted by bono9763@yahoo.com on April 19, 2007, 8:30 pm
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> My e-file return was rejected because "dependents can be
> claimed on only one return".
>
> I assume that my ex claimed my children on his return. I am
> the custodial parent, have a divorce decree stating such and
> in fact the children resided with me the entire year.
>
> My ex pays child support only.
>
> What are my options regarding my tax return and the IRS?

Fill it out correctly, claiming all the deductions and
dependents you are entitled to, and mail it in to the IRS.
They will probably send both you and your ex letters asking
to document your claim for the children. So be prepared to
respond with copies of school records, medical records,
etc., showing addresses of where they lived. Once they make
a determination, they will release your refund and penalize
your ex for claiming dependents he isn't entitled to.

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Posted by Benjamin Yazersky CPA on April 19, 2007, 8:30 pm
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> My e-file return was rejected because "dependents can be
> claimed on only one return".
>
> I assume that my ex claimed my children on his return. I am
> the custodial parent, have a divorce decree stating such and
> in fact the children resided with me the entire year.
>
> My ex pays child support only.
>
> What are my options regarding my tax return and the IRS?

probably won't be able to efile
& may have to deal w/ex to settle it

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Missy on April 19, 2007, 8:30 pm
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> My e-file return was rejected because "dependents can be
> claimed on only one return".
>
> I assume that my ex claimed my children on his return. I am
> the custodial parent, have a divorce decree stating such and
> in fact the children resided with me the entire year.
>
> My ex pays child support only.
>
> What are my options regarding my tax return and the IRS?

You must file your 1040 on paper and through snail mail if
you think that you are entitled to claim the children. You
will claim them on your 1040 and you will receive a letter
and both of you will need to prove that you supported them
over 50%. Only one of you can do that and that is the one
who will receive the deduction.

Missy Doyle

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Gini on April 22, 2007, 2:11 pm
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"Missy" wrote
> runtwoday wrote:

>> My e-file return was rejected because "dependents can be
>> claimed on only one return".
>>
>> I assume that my ex claimed my children on his return. I am
>> the custodial parent, have a divorce decree stating such and
>> in fact the children resided with me the entire year.
>>
>> My ex pays child support only.
>>
>> What are my options regarding my tax return and the IRS?

> You must file your 1040 on paper and through snail mail if
> you think that you are entitled to claim the children. You
> will claim them on your 1040 and you will receive a letter
> and both of you will need to prove that you supported them
> over 50%. Only one of you can do that and that is the one
> who will receive the deduction.

And, it could well be that the NCP pays more than 50% of the
support.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on April 22, 2007, 2:11 pm
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> You
> will claim them on your 1040 and you will receive a letter
> and both of you will need to prove that you supported them
> over 50%. Only one of you can do that and that is the one
> who will receive the deduction.

That has not been the case since the uniform definition of a
child effective with the 2005 tax year. The deciding issue
is now which parent had physical custody more than 50% of
the year, as long as the child in question didn't provide
more than half his own support.

See Publication 501.

--
Phil Marti
Clarksburg, MD

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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