important tax question...?

Question

ok...heres the deal...my mom filed me as a dependent on her 2006 tax return. i only lived with her from jan 1 to may 6 of 2006, i paid her rent, and paid her for gas. i also moved out of the state on 7 may and got married on 30 june. i sent a letter in to the IRS refuting her claim...does anyone know what kind of chance i have that the IRS will rule in my favor and let my husband claim me instead of her since i was his dependent longer than hers?

serious answers only please.

in response to The Rock...
not to be rude in the least, but what my mom did, she did without telling me. so, we are really struggling to make it right now, financially. if we weren't i dont know that i would really care, but, she had no right to claim me behind my back and act like nothing is going on when i talk to her on the phone and tell her that we're just barely making it. its decietful is all.

Answer 1

If you are married as of December 31, 2006, and you and your spouse together have a tax liability and are required to file, then you cannot be claimed as a dependent. You do not need a ruling from the IRS, so don't wait for one.

If you have not filed yet, the letter doesn't mean anything.

You and your spouse need to file a paper (mail-in) return as married filing jointly. The IRS will then determine that your mother could not claim you as a dependent, and she will receive a letter which recomputes her tax.

So, file that return right away.

Answer 2

It does NOT sound like your mom had the legal right to claim you, so the IRS will almost surely rule in your favor on this.

Your husband doesn't "claim" you, and by tax law you aren't his "dependent". You're married - for tax purposes, your status is equal. File a joint return with your husband, showing all income for both of you for the year - it doesn't matter if only one of you had income, or if you both did. You won't be able to efile if your mom already claimed you, so mail in the return.

It's not a matter of your mom being deceitful or going behind your back - the issue is that she isn't legally allowed to claim you. Your letter to the IRS might or might not get things resolved, but filing a joint return WILL. This doesn't mean your mom will get audited - more likely, the IRS will just send her a bill for the additional taxes.

Answer 3

Since you got married in 2006, you should file a joint return with your husband; he does NOT claim you as a dependent, though.

Your mother cannot claim you as a dependent any more since you are now married. It wouldn' t matter if she had provided all of your support all year and you got married on Dec 31st. Your mom lost the exemption the moment you said, "I do."

The IRS will disallow your mother's claim and bill her for the tax due. The only things you need to assert your position is a copy of your marriage license and the joint return you filed with your husband.

Answer 4

You will have a problem if you try and efile. It is likely that your efile would be rejected if your mother already filed and claimed you. However, you can file a paper return together as Married. You would file joint with 2 exemptions, not as your husband's dependent. The refund may be delayed until the issue is reviewed at the IRS Service Center. You may have to provide some documentation to IRS

Another option is to ask Mom to file a 1040X dropping you from her return. If she does not, she may be subject to additional penalty and interest.

Good Luck!

Answer 5

your accountant can change that he can filed you and your husband taxes claiming that your mom claimed you as a dependant, you will still gat a tax break , and the Irs will send your mom a letter saying that she has to pay back that money she claimed you as a dependant , or may just let her know she cant do that in future

Answer 6

Only way your mom to claim you as a dependent, she would have to provide at least 50% of the support in the tax year. It doesn't sound like your mother has a case.

If your mother submits here return before your husband, they may deny your husband's use of you as a dependent. I would attach a brief explaination stating the facts about why you are on there as a dependent and attach it to your husband's tax return. The statement can be a couple of sentence just stating the facts.

Worst that could happen is that they will contact your mother through the mail denying her using you as a dependent with an amended return and additional balance due.

Answer 7

IRS will definitely rule in your favor. Your Mom will get audited and likely have to pay a penalty.....if you are OK with that, I am OK with it. Actually, I am OK either way.

Answer 8

that's not purely the Republicans. President Obama seems to be the only one in Washington placing the folk previous to political ambition. with out this compromise, tens of millions of individuals might lose money, in line with possibility even their homes. Admittedly, they're all unimportant human beings. they are not wealthy, no longer company vendors, no longer influential, no longer protection contractors, no longer represented with the help of lobbyists, no longer moguls, no longer pundits, no longer loud-mouths. they're purely human beings attempting to do the stunning issues for his or her communities and families. they're the folk who won in this contract. President Obama did properly. Democrats will comprehend that at last.

Answer 9

Are you having an argument with your mom about this? If she's OK with not claiming you, she can file an amended return.

Answer 10

there is some criteria that states you can't claim someone willingly if you didn't support them more then 50percent of the tax year....so most likely sense you paid her rent and you moved out and supported yourself the rest of the 8 months.....then your husband will be able to claim you as a dependent.....