When I filed my 2005 tax return, I claimed head of household, myself, my ex, her daughter, and our daughter - since my ex did not work. (I also claimed the same status and dependents in 2004 as well). Since then we have broken up; and she allowed 1 of 2 things to happen: she either let her new boyfriend claim her daughter on his tax return, or they filed a false tax return in her 4 years old daughter%26#039;s name and social security number. So I received a letter from the IRS notifying me of this error, and I was informed that if neither party amended their return, then a dispute would be opened and certain identifying information would be needed to determine who could claim the dependent. But on the IRS%26#039;s website it states that if neither of the 2 individuals who claimed the dependent are the child%26#039;s biological father, then the exemption credit it given the tax payer with the highest AGI. (Which would be me). Is this true? Since we broke up obviously I wouldn%26#039;t have access to the child%26#039;s immunization records, school files, etc. for the %26quot;identifying information.%26quot; Would I lose my right to claim her because I didn%26#039;t have that information? I also think there is a possibility that they used her daughter%26#039;s social security number to file a fraudulent return because no other social security number was duplicated; and if her new boyfriend was filing his own return with his social, then he would%26#039;ve claimed the mother as well. He wouldn%26#039;t be able to claim my child for very obvious reasons...
California tax return question - please help!!!?
I would go ahead and ask the IRS to open a dispute proceeding, and explain what you%26#039;ve provided here, but in greater detail.
Since your joint daughter is not the issue, and I am assuming you were not married during 2005, these are the rules for your ability to claim your ex and her daughter.
Your rights come as a result of the dependency tests under the Qualifying Relative standards under IRC 鎼傛悅 152(b) and (d), as opposed to the Qualifying Child standards many people refer to that came to be from the Working Families Tax Relief Act of 2004 and the Uniform Definition of a Child. To meet the qualifying relative standard, each dependant must have lived with you for the year and been a member of your household, each made less than $3,200 in 2005, each be a citizen or resident, and each must have received more than half their support from you.
From your dialog, it sounds as thought these conditions were true, you filed a return after the end of 2005, then you broke up, and her new boyfriend subsequently filed a tax return. If so, then you have a winning case. If you broke up during 2005, your case will most likely come down to dollars, who spent more.
The identifying infomation the IRS is looking for is first to identify who we are talking about, and that this was not a processing error. Once that is resolved, the IRS will ask a series of questions and want evidence to support the standards I explained above. Evidence includes all the money you spent supporting your ex and her daughter, including meals, medical fees, insurance premiums, housing, schooling. Pull all your credit card records and cancelled checks, and start totaling. You need to prove support and that they were members of the household.
The dependancy deduction does not revolve around immunization records and school files.
These cases are won on an accumulation of evidence for support, which means the winner has just slightly more support than the loser. If you have a winning case, then you should feel confident going into dispute resolution.
You should be aware that in all cases where the IRS cannot make any determination as to who should get the exemption, it is lost to all parties.
You should also be aware that your ex could have claimed her daughter on her own tax return in order collect the earned income credit, and her new boyfriend could be uninvolved in this. If so, your chances of success are significantly reduced.
California tax return question - please help!!!?
Your situation is difficult, but not impossible.
First, you cannot claim your Ex as a dependent, even if she didn%26#039;t work. You can claim the HOH because of your daughter, and POTENTIALLY for hers, but that is questionable too.
Do you have an agreement as to who is to claim YOUR daughter? If you were not married, do you have anything from the courts stating you are the primary care giver? It isn%26#039;t always clear cut, but you must provide 51% of the support, and if your ex is living with another person in 2005, then she can TRY to claim both children as HER dependents.
Since her child is not your child, unless you have receipts showing you provided the childs support (rental receipts, doctor bills you paid etc.) you will be disallowed her as a dependent for 2005.
You really need to contact the state of California showing your documentation, and make your EX amend her return, if you can prove your filing is correct.
I also suggest contacting a tax accountant in your area to review all your records.
Good Luck
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