My father in law claimed my daughter on his income taxes for the entire year of 2006. He has custody of her until the final court ruling since October 13th of 2006. Yet he filed for the entire Earned Income Credit and the dependant. I contacted the agent that he filed with and they told me that they could not tell me this info. They said I had to wait until I filed my taxes for last year and then the IRS would withhold MY income tax refund until a full investigation. Meanwhile, he has already gotten the refund for her.
2007-01-19 19:22:51 · 5 answers · asked by lustful TR 2 in Business & Finance ➔ Taxes ➔ United States
Did the following hold for you and the other parent of your child:
1. You and the other parent (either together or separate) lived with the child for more than 6 months in 2006.
2. You and the other parent (either together or separate) paid over half the costs of supporting the child.
If the answer to either question is no, then you cannot claim the child on your return. If the father-in-law lived with the child for more than six months, he may be able to claim the child.
If the answer to both questions is yes, then if you lived with your child for more than half the year, and longer than the other parent lived with the child, you have priority to claim the exemption.
If you have a priority claim on the exemption, file your return with the child. File electronically, and you return will be rejected. Then file that same rejected return as a paper return with a cover letter explaining that you are entitled to the exemption. Attach documentation to prove that the child lived with you and that you are the parent. The IRS will investigate your claim and make a determination.
2007-01-19 21:54:26 · answer #1 · answered by ninasgramma 7 · 0⤊ 1⤋
There is no need for a dispute for this because the IRS tax laws are very clear on the subject. In my 2007 1040 tax book which I just got, it's all explained on pages 15-18. Only one parent can claim the child. What it says is that the custodial parent (Nadia) gets to claim the child. The only way the other parent can possibly claim him/her is if Nadia waives her right to claim the child by signing a form 8332 or it is written that way in a decree or agreement. Tell "Nadia" to stand her ground.
2016-03-29 05:53:20 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Since he had custody of her for more than half the year, then he probably can. You would not be able to claim her unless she lived with you more than half the year. If you all lived together, then you might still be able to claim her.
If he can claim her, then she would be his qualifying child for the Earned Income Credit. EIC is for the entire year - you can't take a partial EIC.
What he did sounds legal, and unless you and the child lived together for more than half the year, you are not allowed to claim her even though you are her parent.
2007-01-20 03:39:35 · answer #3 · answered by Judy 7 · 0⤊ 1⤋
if he support her or if she lived in his home---yes...
if he has custody based on a court order-he surely has legal right to do so ...
you too may have a portion of 2006 you can claim her as dependent. tax laws are varied...
2007-01-19 19:28:40 · answer #4 · answered by cork 7 · 0⤊ 1⤋
he supported her almost all of the year. the IRS will give him the both credits. your out of luck. being the mother of her does not count for tax purposes if she lived with him almost all year and he supported her almost all year. you must provide more than half the support for her. they don't split it.
2007-01-19 19:29:00 · answer #5 · answered by Jen 5 · 0⤊ 1⤋