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Posted by the pez lover on February 5, 2007, 1:12 am
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My gf has lived with me for about 4 years now. I have leases
to prove this. My question is, can I claim her as a
dependant? Also, could I file as head of household?
She made under 8k last year, whereas I made way more than
that. The tax software im using doesn't ask for her W2
information if I claim her as a dependent. we aren't married
yet, but we have accounts together.
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Posted by Mark X. Rigotti, CPA on February 5, 2007, 8:03 pm
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> My gf has lived with me for about 4 years now. I have leases
> to prove this. My question is, can I claim her as a
> dependant? Also, could I file as head of household?
>
> She made under 8k last year, whereas I made way more than
> that. The tax software im using doesn't ask for her W2
> information if I claim her as a dependent. we aren't married
> yet, but we have accounts together.
Probably not. She appears to fail on several points for a
dependent. Income level (over $3,300) - no blood/marrital
relationship - and (I'm inferring here that you share a bed)
the relationship probably violates local law - Yes most
states still have laws prohibiting unmarried - consenting
adults from sleeping together.
Note - you may be married and not know it. Some western
states recognize a "common law" marriage. It has been quite
awhile since I practiced out west but (others chime in here)
I believe some states have a 3 to 5 year test. Your 4 years
might qualify.
Regards,
Mark Rigotti
Moderator:
Common Law marriage requires a mutual present tense
agreement to be married. It's difficult to unintentionally
get married - as long as you're sober.
<< ======================================================= >>
<< 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 Phil Marti on February 6, 2007, 9:20 pm
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> the relationship probably violates local law - Yes most
> states still have laws prohibiting unmarried - consenting
> adults from sleeping together.
While this "violates local laws" stuff remains on the title
26 books, I wonder whether it would survive a court
challenge given the Supremes' elimination of sodomy laws in
Lawrence v Texas.
--
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 >>
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<< Copyright (2006) - All rights reserved. >>
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Posted by Dick Adams on February 7, 2007, 7:29 pm
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>> the relationship probably violates local law - Yes most
>> states still have laws prohibiting unmarried - consenting
>> adults from sleeping together.
> While this "violates local laws" stuff remains on the title
> 26 books, I wonder whether it would survive a court
> challenge given the Supremes' elimination of sodomy laws in
> Lawrence v Texas.
Regardless of the constitutionality of such statutes and
ordinances, the IRS will use them to disallow them and the
Tax Court will almost certainly affirm telling plaintif to
take their problems up with their state, county, and/or local
legislative bodies.
<< ======================================================= >>
<< 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 Stuart A. Bronstein on February 7, 2007, 7:29 pm
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>> the relationship probably violates local law - Yes most
>> states still have laws prohibiting unmarried - consenting
>> adults from sleeping together.
> While this "violates local laws" stuff remains on the title
> 26 books, I wonder whether it would survive a court
> challenge given the Supremes' elimination of sodomy laws in
> Lawrence v Texas.
Yes, in my opinion any of those "local laws" are
unconstitutional and unenforceable these days.
Stu
<< ======================================================= >>
<< 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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