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Posted by netvoy on March 10, 2008, 7:20 pm
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Newsgroups: misc.taxes.moderated
From: kam...@panix.com (Arthur Kamlet)
Date: Fri, 7 Mar 2008 11:52:45 EST
Local: Fri, Mar 7 2008 11:52 am
Subject: Re: determine dependency
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>>>> How can you determine support for an incarcerated person? Does the
>>>> goverment provide support? Situation: on a possible claim of head of
>>>> household (a brother) paying house mortgage for inmate; can it be said
>>>> that incarcerated is a dependent of his (meeting the unmarried
>>>> status) on the relationship alone? Is it necessary to meet a support
>>>> test; if so how do you determine financial figures on this?
>>>> Is incarceration even if release date unknown a temporary absence?
>>> The inmate would have had to live with his brother for more than
>>> six months and would have to be a dependent of his brother. As
>>> the government is providing all of his support, he could not be a
>>> dependent.
You can then conclude pretty much that an incarcerated person cannot
be claimed as a dependent if he was determined not to have lived (that
is; habitated a house for less than 6 months and support was less than
50%) with you. But what about the house expenses and taxes (which
nowadays get to be a bit hefty); is it possible to itemize (claim,
deduct) mortgage, taxes, house related interest and expenses (other
than upkeep as posted in some irs gov doc) even though they are not in
your name?
>If inmate lived with brother more than 6 months, and
The particular case is for 15 years and release date is unknown. I
can only assume this is the case for all inmates as some may be
paroled early.
>if inmate is under age 19, or otherwise meets age test, and
Case in hand incarcerated person is older than 30.
>if inmate did not provide more than half his own support,
> + the state did
>they why wouldn't inmate be a qualifying child of brother?
>(I know, a whole lot of If's)
It is starting to look like you can only claim real state taxes and
mortgage if they are in your name. But if that is the case and the
brother that paid the taxes and mortgage
cannot claim this then can we no infer that the mortage and real state
taxes are income for the incarcerated brother (case in hand in excess
of 3,400) now enabling the incarcerated brother to file taxes and
claim a deduction?
Is a POA (Power of Attorney) in any way helpful there????
Is there anything that can be done to allow for the deduction? It
is being paid every year and it is the brother principal and primary
residence (it has been for at least 5 years).
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