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Dependents Claimed on Two Returns

 

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Subject Author Date
Dependents Claimed on Two Returns runtwoday 04-19-2007
Posted by John D. Goulden 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?

I assume that the divorce decree says noting about who gets
to claim the children. If this is the case and you didn't
yield their tax benefits to your ex on a signed 8332, then
they are yours to claim. File your return on paper (claiming
the children as you did on your rejected e-filed return) and
the IRS will contact both of you and sort it out. Be
prepared to document that they did in fact live with you for
most of the year.

--
John D. Goulden

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Posted by Harlan Lunsford on April 19, 2007, 8:30 pm
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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?

Simply file your return claiming legal exemptions the old
fashioned way: on paper. No need to explain anything.
And IF IRS sends you a letter next November, read it
carefully before you even think at that time you have to do
anything. That letter from IRS is only a letter of advice
and not a demand to amend.

ChEAr$,
Harlan Lunsford, EA n LA

<< ------------------------------------------------------- >>
<< 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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"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?

Does the child support order give him the exemptions?
Sometimes the judge will "give" the exemptions to the NCP if
he pays more than 50% share of the support and is not in
arrears. What is his % share or is the CS order based on his
income only (depends on controling state)?

<< ------------------------------------------------------- >>
<< 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 Barbara on April 22, 2007, 2:11 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.

I am currently dealing with one of these nightmares. Client
moved out state to get away from him and ex followed her.
Never paid any spousal or child support (retired to live off
investments and family $$ rather than pay and when he
reached retirement age he started collecting SS for son -
keeping it himself even though child lived with mother). In
2004 declared that he was now going to claim son (youngest
of 2) and when told he wasn't supposed to he declared that
the first to file got the exemption and he had already
filed.

She got the letter saying that if she was entitled she
didn't have to do anything so she didn't. Then got letter
disallowing both exemption for youngest and also HOH
(ignoring 2nd child). Sent in requested documents. Again
disallowed. Some of the additional documents requested had
been in the original package but agent insisted they
weren't.

She finally told me what she was going through. I had her
send me a POA & copies of what she had already submitted.
It took 3 weeks to get my fax'd POA into the system. Find
out the case was closed so now we are re-opening it &
starting over. I sure hope he gets his in the end. . . .
Last agent I spoke with said this happens a lot.

~ Barbara

<< ------------------------------------------------------- >>
<< 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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