Unfortunately, you can't. If your e-filed return is rejected you'll have to file a paper return. The IRS will flag both returns and ask both taxpayers to either file an amended return or provide proof of entitlement to the exemption claimed. When you get that notice, do NOT delay, get the information to the IRS immediately. The IRS will determine who is entitled to the exemption according to the law. The other party will get a tax bill for the additional tax due to the denial of the exemption.
The IRS will NOT tell you who the other taxpayer that claimed your children was. You probably have a good idea who that might be -- it's often an ex-spouse or other family member -- but the IRS is barred by law from discussing a tax return with anyone but the taxpayer unless the issue goes to court where it would become a matter of public record.
The IRS will not discuss the problem with you until you file your return.
The best defense on this issue is a good offense. File your return as quickly as you can after January 1st. E-file if at all possible. If the other party still claims the children you still MUST provide the proof to the IRS in a timely manner but at least you'll have your refund in hand and you won't be delayed in the future.
2007-03-02 05:22:41
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answer #1
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answered by Bostonian In MO 7
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If you are the parent who has had the child living with you for 50% or more of the year you can claim them. Anyone else who provides 50% or more of care for the child during a calendar year in the form of food, clothing etc., may also claim them on their taxes. All other claims are illegal. A call to the IRS is in order.
2007-03-02 05:22:21
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answer #2
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answered by Sane 6
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Sane and Bostonianinmo are correct.
And by the way, you can't "give permission" to someone to claim your kids - they're either eligible or they aren't, and if they're eligible they don't need your permission, and if they aren't, then your permission doesn't make them eligible. The only exception to this is that if you are the custodial parent, you could give permission to the non-custodial, biological parent to claim the children.
2007-03-02 06:43:17
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answer #3
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answered by Judy 7
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Report the problem to the IRS. It takes some effort to follow up but they will eventually solve the problem.
2007-03-02 05:21:21
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answer #4
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answered by ? 6
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