i am still in nc last year i r s sent a paper stating that an error was made..found out my husband(sep) has been claiming all of us as if we were together the last 4 years..i have claimed HOH and child tax credit i rapid mine he waits on mail. last year i claimed my nephew who resides that was the error when i ?? him he denied and gets auto deposit..we are still legally married but both have long/live relationships. he sees his kids only if i go to fla .that was 3 yrs ago..irs wants me to repay my 1800.00 but he keeps his 4200..and somehow signs my name..i guess please help me i am not irs smart and isince i have been in nc since 1995 have only claimed 6 times why wouldn't they have seen this sooner??
2007-03-06 21:12:13 · 5 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Since the children were living with you, your spouse is the one with the large tax due for claiming you and filing a joint return and forging your name for years.
If you have received a tax benefit for claiming the children, and the father has also claimed you and the children, you can bet that the IRS is making him pay...and pay some more.
The issue for you is whether the nephew was a dependent or not for the year you filed. Did the nephew live with you? Is he under 19? Did no other close relative who could have claimed him live with him? If so, then you can contest the decision of the IRS by documenting that the nephew was in fact your dependent. Get some professional help for this from an experienced tax preparer.
Sounds to me like the nephew wasn't your dependent, and the IRS wants you to pay back the tax benefit you received by claiming the nephew.
It took the IRS some time to catch on perhaps because you were not filing a tax return for 6 years since 1995, and your spouse was filing a return during those years, listing you and the children as living with him.
Added later: If the father got tax benefits for you and the children in years you did not file, and you believe he forged your name on a phony joint return, you can report this to the IRS. Here is the link with how to report fraud:
http://www.irs.gov/businesses/small/article/0,,id=168257,00.html
2007-03-06 22:34:38 · answer #1 · answered by ninasgramma 7 · 2⤊ 0⤋
It sounds as though you and your husband have already been audited and taxes assessed against you, so I'm assuming that you've tried going over this with the original auditor. What you might want to consider is speaking to someone in the Taxpayer Advocate's office. You can reach them by calling the IRS number in the government pages (white w/blue edging) of the phone book. If you live in or near a community with an IRS walk-in facility, you could also go there to speak to a taxpayer service employee or request a meeting with a taxpayer advocate. Best of luck.
2007-03-06 21:30:47 · answer #2 · answered by PJPeach 5 · 1⤊ 0⤋
You shouldn't be in trouble, he should if he's signing your name to a joint return.
If the kids live with you, then you are the one who is allowed to claim them unless there's a court order saying that he can, or if you have given him written permission to claim them.
Talk to the IRS about all this, and let them know you have not lived together for all those years.
As to your nephew, if he lived with you over half the year and neither of his parents lived with him over half the year, and he didn't provide over half of his own support, then you were allowed to claim him, otherwise not.
If the IRS is asking you only for the $1800 for your nephew, then it sounds like they are recognizing that you are the one who can claim your kids and yourself, or they'd be asking for a lot more back. So they probably have asked your ex for the money back, or will. You say that he keeps his $4200 - how do you know that? Not likely, if it's the money for claiming you and your kids.
2007-03-07 01:42:06 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
First - is there a custody contract in paper related to this newborn that provides the ex the the main suitable option to document each 365 days, or another 365 days, and so on and so on. If there is one in each of these contract - or if he has allowed her to take the deduction till now and not fought it, the ex ought to declare precedent and a verbal contract that ought to effect in a criminal conflict. That stated, in the journey that your boyfriend has extra effective than 50% of her care and protecting then the exemption is his. What happens whilst 2 people declare a similar newborn is that the IRS requests "evidence" from the two events to teach that the exemption is theirs. If she has already filed, and her tax return everyday (electronically i'm assuming?) then your BF will could document a paper type. you will likely get carry of a "rejection" letter from the IRS affirming that somebody else has claimed a similar newborn and that they have been bumped off out of your return. you will then could document a criticism with help of why you get to declare the youngster. they are going to then touch her and ask for her evidence that she could get the exemption. After their ruling she could be in charge for no longer in basic terms despite added refund she won, yet for fines and interest for a similar. regrettably, if it is your in basic terms newborn then the IRS "removing" the credit on your taxes ought to maintain you from receiving a reimbursement or available make you "owe". you could document as quickly as available so which you don't get close to to the April fifteenth final date. base line is even nevertheless you could nicely be interior the the main suitable option, her submitting first will require you to take the slower "paper" course and you will could combat for the exemption. yet based on your suggestions you will get the exemption - it particularly is going to easily be not on time
2016-11-23 12:48:59 · answer #4 · answered by ximenez 4 · 0⤊ 0⤋
no idea i suggest u call h&r block and fast!!!
2007-03-06 21:20:01 · answer #5 · answered by sadeyzluv 4 · 0⤊ 1⤋