I have to write a letter to the IRS to prove that my boyfriend was allowed to carry my childre.?

Question

Can someone show me the appropiate way to format a letter of this kind. This is my first time having to deal with an issue like this and I want to make sure I get it right the first time.

Serious Answers ONLY I do not have time to play games

He has taken care of them for the past 5 yrs. and has filed them for the same period but the IRS say that for the tax yr 2006 he owed 6,000 in taxes for filing them.

Answer 1

Sweetie IRS changed the law on claiming children last year. Your significant other CAN'T claim your children unless they are his too. You have to be married for him to claim. This was due to everybody double dipping into the EIC one claims one child and one claims the other or figures the best return to put the children on to get the most EIC not legal anymore. I'm guessing that if the IRS is asking you to explain that you better be prepared to pay back your part of your refund mainly the EIC that was paid and not due to you. Forgive me for being blunt and you proably didn't know but that's why IRS is thinking about taking the EIC away because so many people are trying to cheat the system.

Answer 2

You want a serious answer, but you're not going to like it.

Your b/f cannot claim your children on his return so there is no letter that you can write to the IRS or anyone else that would allow him to do so. Your children are your Qualifying Children and as such cannot be the Qualifying Relative of your b/f, pure and simple.

The rules were changed a couple of years ago. Unless your b/f is also the father of your children, he cannot claim them on his tax return under any circumstances. This is true even if you have no income and do not file and therefore cannot claim them yourself. He might be able to claim YOU as a dependent under very specific circumstances, but your children are out. Period.

Addendum: The rule change went into effect for tax year 2005 and beyond. For tax years 2004 and before he probably could claim your children. But for tax years 2005 and later he no longer can. If he claimed your children on his 2005 or 2006 returns he must file amended returns for those years and pay any taxes due due to the loss of the exemptions, plus penalties and interest. If he claimed any credits such as the Child Tax Credit, Additional Child Tax Credit or EIC he'll need to pay those back as well.

Answer 3

He can only claim them if they are his biological children, so unless they are, there's nothing you can write to get out of this. The rules changed several years back - before that, if you all lived with him and he was supporting them, he might have been able to claim them. The newer rules, where he can NOT claim them unless they are his biological children, go back at least to tax year 2005, maybe longer but I'm not sure exactly when the rules changed.

There are two kinds of dependents, qualfiying children and qualifying relatives. If they aren't his biological children, they are not qualifying children. If you lived with them for over half of the year, they are YOUR qualifying children, whether you file a return or not, so can't be HIS qualifying relatives. That's all technical language from the IRS books, but what it breaks down to is that he can't claim them even if he supports them totally.

So now that this can of worms has been opened, it's possible that the IRS will go back to previous years and bill him for claiming them illegally for those years also.

Answer 4

If he can show they are his children and he provided more than half their support he can claim them.
I would word the letter to say they are his children and he supported them more than 50% and nobody else claimed them. Then list the children by name and SS number.
If he isn't their father he can't claim them.