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Posted by MAEscourse on March 21, 2007, 2:06 pm
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My ex and I seperated before the birth of my son, never
married. My son now 2yrs old (second tax season) His father
decided to claim for him without consulting me. My son lives
with me and visits w/ his father maybe once a week. I feel I
have the right to claim my son since my household is my
son's primary residence. Now that I have claimed his as
well, how will this tie-breaker work? And what kind of
documentation do I use to prove I should claim him?
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Posted by Phil Marti on March 23, 2007, 6:12 am
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> My ex and I seperated before the birth of my son, never
> married. My son now 2yrs old (second tax season) His father
> decided to claim for him without consulting me. My son lives
> with me and visits w/ his father maybe once a week. I feel I
> have the right to claim my son since my household is my
> son's primary residence. Now that I have claimed his as
> well, how will this tie-breaker work?
The parent with more physical custody during the year
controls the personal exemption and child tax credit. From
your stated facts, that's you.
> And what kind of documentation do I use to prove I should
> claim him?
IRS will tell you when they get to processing the second
(yours or your ex's) return.
--
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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Posted by A.G. Kalman on March 23, 2007, 6:12 am
Please log in for more thread options MAEscourse@gmail.com wrote:
> My ex and I seperated before the birth of my son, never
> married. My son now 2yrs old (second tax season) His father
> decided to claim for him without consulting me. My son lives
> with me and visits w/ his father maybe once a week. I feel I
> have the right to claim my son since my household is my
> son's primary residence. Now that I have claimed his as
> well, how will this tie-breaker work? And what kind of
> documentation do I use to prove I should claim him?
The determination as to whom can claim the 2 year old turns
on which parent had custody for more than half the year (at
least 183 days in 2006). It sounds as though that is you.
If he already e-filed, then you will have to file a paper
return (your e-file would get rejected as the SS# for the
dependent is already in the system as claimed). When the IRS
gets your return it will eventually trigger letters to the
both of you. You both will then have to substantiate the
number of days of custody. How you do this depends on many
factors. Who cares for the child during the day? Do you
work and put the child in day care or are you a stay at home
mom? Does someone such as a relative care for the child
when you go to work? Does he work? Does he live nearby? Do
you have friends that can bear attest to the number of days
the child has spent with you?
<< ======================================================= >>
<< 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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Posted by John D. Goulden on March 23, 2007, 6:12 am
Please log in for more thread options > My ex and I seperated before the birth of my son, never
> married. My son now 2yrs old (second tax season) His father
> decided to claim for him without consulting me. My son lives
> with me and visits w/ his father maybe once a week. I feel I
> have the right to claim my son since my household is my
> son's primary residence. Now that I have claimed his as
> well, how will this tie-breaker work? And what kind of
> documentation do I use to prove I should claim him?
The tie-breaker rules are pretty clear on this; if your son
lived with you more than half the year, he's yours to claim.
Since you both claimed him, you will both be audited by the
IRS. Rather than guess as to what kind of documentation you
will need to prove that you were the custodial parent, I
would recommend that you call the advocate at your local IRS
office with that question. The advocate can either answer
your question or direct you to someone who can. Be prepared
to spend some time on hold :)
--
John D. Goulden
<< ======================================================= >>
<< 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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Posted by Dick Adams on March 23, 2007, 6:12 am
Please log in for more thread options MAEscourse@gmail.com wrote:
> My ex and I seperated before the birth of my son, never
> married. My son now 2yrs old (second tax season) His father
> decided to claim for him without consulting me. My son lives
> with me and visits w/ his father maybe once a week. I feel I
> have the right to claim my son since my household is my
> son's primary residence. Now that I have claimed his as
> well, how will this tie-breaker work? And what kind of
> documentation do I use to prove I should claim him?
Your feeling is consistent with the Internal Revenue Code.
You need to prove that you were the custodial parent and
primary caregiver. If you have physical custody, that's
pretty much a slam dunk unless there are issues you haven't
disclosed.
If you want to be nice to your son's father, tell him he
should file an amended return or he will be part of an IRS
audit of the situation. It's really not an audit, but the
word 'audit' evokes fear in deep into the souls of even the
most macho of men. <devious smile>
Dick
<< ======================================================= >>
<< 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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