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Subject Author Date
Live-in Mother on SSI... dependant? IMAFriend 03-04-2008
Posted by IMAFriend on March 4, 2008, 10:31 pm
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 My mother in law lives with us. She gets the supplimental ... the
SSI.

She has no additional income. She doesn't fill out her own tax
return.

My wife and I file married - jointly. Should I be claiming her as a
dependant, or ignoring her?

(By ignoring, I mean in the tax return, not in the home!!)

Thanks for any ideas.
Doug.

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Posted by Phil Marti on March 4, 2008, 11:44 pm
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 "IMAFriend" wrote:

> My mother in law lives with us. She gets the supplimental ... the
> SSI.
>
> She has no additional income. She doesn't fill out her own tax
> return.
>
> My wife and I file married - jointly. Should I be claiming her as a
> dependant, or ignoring her?

There are five tests for dependency, and we know she meets three of them:
gross income (SSI doesn't count as income), joint return, and relationship.
To see if she meets the citizen/residency and support tests, see IRS
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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on March 5, 2008, 1:26 am
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> "IMAFriend" wrote:
> > My mother in law lives with us. She gets the supplimental ... the
> > SSI.
> >
> > She has no additional income. She doesn't fill out her own tax
> > return.
> >
> > My wife and I file married - jointly. Should I be claiming her as a
> > dependant, or ignoring her?
>
> There are five tests for dependency, and we know she meets three of them:
> gross income (SSI doesn't count as income), joint return, and
relationship.
> To see if she meets the citizen/residency and support tests, see IRS
> Publication 501.

We know the "joint return" test results? I don't see that. I see an
ASSUMPTION that she is living with you because she either isn't married, is
widowed or divorced, or has separated from her husband - but without probing
for her current marital status, we can't 100% say that the "joint return"
test is met.

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on March 5, 2008, 2:39 am
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"D. Stussy" wrote:

> We know the "joint return" test results? I don't see that. I see an
> ASSUMPTION that she is living with you because she either isn't married,
> is
> widowed or divorced, or has separated from her husband - but without
> probing
> for her current marital status, we can't 100% say that the "joint return"
> test is met.

OP said she doesn't file. I took him at his word.

--
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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on March 5, 2008, 10:32 pm
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> "D. Stussy" wrote:
> > We know the "joint return" test results? I don't see that. I see an
> > ASSUMPTION that she is living with you because she either isn't married,
> > is
> > widowed or divorced, or has separated from her husband - but without
> > probing
> > for her current marital status, we can't 100% say that the "joint
return"
> > test is met.
>
> OP said she doesn't file. I took him at his word.

Noted, but "not filling out her own tax return" may not be the same as
"doesn't file", etc....

My clients don't fill out their own tax returns! I do. ;-)

--
<< ------------------------------------------------------- >>
<< 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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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