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my mom lives in texas and me and my 15 yr old daughter live here in calif and i went to hr block to do my taxes and they said someone claimed her....so i could not claim my child because my mom claimed her and lied to the irs and said she lived with her and my mom lives in texas and us in calif!! i am outraged at how evil and back stabbing my mom is!! she did it because she makes a lot of money as an RN and knew she would have to pay alot of $ in taxes cuz she is single, but i am a mom and struggling raising my daughter and here she would do this what should i do??

2007-02-05 14:36:27 · 21 answers · asked by Anonymous in Family & Relationships Family

21 answers

This sounds like something an accountant or attorney should advise you on. But my suggestion, not intended to be legal advice in any way, is to determine whether or not your mom paid 50% or more of your daughters expenses. If she did, she may be able to claim her. Just my $.02.

2007-02-05 14:39:48 · answer #1 · answered by Matt O 4 · 0 0

Find out from H&R block how you would go about making a complaint to the IRS and it will take a little time to fix, but she will get into some trouble for claiming your daughter. I know a person that was in your situation and the person that shouldn't have claimed the child had to pay it back to the IRS.

2007-02-05 14:40:57 · answer #2 · answered by SUZANNA J 3 · 0 0

If your mother lied she can get in trouble. First of all,since you are the support giver for your daughter you can and will claim her. As long as you can prove to the IRS that she lives with you,you feed her,etc.,she is YOUR dependent. If and when IRS discovers that 2 tax customers both used the same person as a dependent,they will ask for proof,which you can and will provide,and she won't. She will be billed for the extra deduction plus interest ane penalty. If she makes trouble you may have to go to court,where you will prevail.

2007-02-05 16:03:28 · answer #3 · answered by DAGIM 4 · 0 0

I don't think your mom has the right to claim your daughter without your permission. I would venture to guess that if you can substantiate the fact that your daughter lives with you in California, and has throughout the entire tax year (i.e. school attendance records), you should be able to contest it. But be prepared to wait until this is worked out. It may require a tax attorney or at least some filing of legal papers on your part.

Contact a tax attorney, or Neighborhood legal services.

2007-02-05 14:42:42 · answer #4 · answered by monica_dietz@sbcglobal.net 4 · 0 0

Paper file your taxes and claim your daughter. The IRS will investigate and send out letters. Respond as appropriate and you will be fine. Go back to HR Block and pay the extra $30 for Peace of Mind. When the IRS letter comes they will help you out.

Good luck and file your taxes truthfully.

2007-02-05 15:31:24 · answer #5 · answered by Poppet 7 · 0 0

There are times when an another adult can claim your child, but you have to sign a form giving them permission. If you didn't, contact your local IRS office and report that someone claimed your child. Once it is resolved, you can file an amended tax return and you will get the deductions/return that you should have gotten the first time. However, it may take quite a long time, so be prepared.

2007-02-05 14:40:43 · answer #6 · answered by Leah B 2 · 0 0

She already claimed her, so what you can do this year is talk to her and straighten this out so it doesn't happen next year. Tell her honestly--she has no right to claim YOUR child. Let her be this time (besides the IRS would much rather be investigating hardcore fraud) but make it clear she will not be claiming your daughter from now on, or you will have to pursue this with the IRS and then she might be asked to submit some evidence that her granddaughter lives with her.

2007-02-05 14:45:52 · answer #7 · answered by Anonymous · 0 1

Well, if you report her to the IRS and you will get a reward from the IRS for turning her in (you have to have her social security number). Or, you could talk to her and have her ammend her taxes. What she did is illegal. You have the right to claim your daughter, not her. You're a struggling single mom, this is just WRONG.

2007-02-05 14:40:46 · answer #8 · answered by Proud to be 59 7 · 0 0

It depends on how far you'll like to go with it take your daughters birth certificate and ssi num and tell hr block someone falsely used the number and that your entitled to the child claim. Tell your mom fIRSt and see if she will reimburse you.if she did it illegally im sure shell comprise inform her you spoke with somebody at the irs and they stated she isn't allowed to do it.Unless your child has lived with her in her house for the past year.Tell her you wont report her if she gives you the money you would have gotten.Or at least half and next year you'll get it all.

2007-02-05 14:54:32 · answer #9 · answered by rici2d 2 · 0 0

Its called tax fraud and yes, she can be prosecuted for it. How did she get your daughter's SSN? I think she needed it to claim her. Anyway, I'd make a call to the IRS and tell them the situation. They can audit her return among other things. Maybe since she is your mom, you should give her a call and try to settle it by making her give you the money for the tax deduction or turning her in as bad as that sounds for your mother.

2007-02-05 14:41:35 · answer #10 · answered by Angela F 5 · 0 0

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