I have claimed my son every year. After his mother and I broke up, we both claimed him on our '05 taxes. I didn't know that she claimed him until I got a letter in the mail saying that I'm being audited. My son lived with me 7 months out of that year until a custody order went into effect in July. I have no proof that he lived with me during that time and I'm not sure how I can prove that he did? Any suggestions??
2007-02-20 03:49:28 · 5 answers · asked by Applejack 1 in Politics & Government ➔ Law & Ethics
I don't want to sue her, I just don't think it's right that I should have to pay back the IRS when he lived with me for over 1/2 of the year. I do have family and friends who will sign affidavits, and I can try to use the fact that the custody order went into effect at the end of July. He's only 4 years old, so there are no school records. I tried to get medical records, but they don't keep records of previous addresses. I don't know how else to prove he lived with me, and I'm not going to let this go without a fight. She's trying to screw me and it's not right!
2007-02-20 05:55:37 · update #1
If a non-custodial parent is going to claim a child as a tax deduction, they must have IRS form 8332 signed by the custodial parent and turn it in with their taxes. If I understand your situation properly, by the end of 2005, your wife was the custodial parent. Thus for you to have claimed your son, this form needed to be signed. In its absence, I'd say your chances are slim to none even if you can demonstrate you had him for half the year or over.
2007-02-20 04:14:52 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
You can get family members and neighbors to sign affidavits stating that they witnessed your son living with you. If he had any mail during that time that can be proof as well. What about school records? Do the school records show that your son's primary residence was with you? For example, if your son's report card was mailed to your address instead of your ex's address, that can be proof.
2007-02-20 03:58:19 · answer #2 · answered by Anonymous · 1⤊ 1⤋
He can declare the based on his return. in the event that they have been separated for better than 6 months or would be divorced as of December 31, he can record Head of enjoyed ones which will qualify his for extra tax credit to your daughter. If neither one in each and every of those are appropriate he could record Married submitting Separate wherein case he will lose those credit.
2016-12-17 14:37:47 · answer #3 · answered by bornhoft 4 · 0⤊ 0⤋
Cut your loses, its not worth it. You'll spend more on legal fees trying to sue her and keep from paying a penalty to the IRS than its even worth. Unless you want to say principal of the matter is worth far more and stick it to your wife like when your child was conceived.
2007-02-20 03:54:27 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Maybe you can use the custody order as proof.
2007-02-20 03:54:55 · answer #5 · answered by chimpus_incompetus 4 · 1⤊ 1⤋