Where can I find an attorney that fights internal revenue service cases (IRS)?
Friday, February 5th, 2010 at
6:38 am
IRS accused me of improperly claiming a dependent that was not mine, in reality shes my biological daughter I have been claiming her since birth. They have computers they should know this.
Sorry, My dad cant word stuff on comps lol… what happened was, He has claimed me all my life. My mom claimed me one year also and the IRS went to her about it and she paid them back. 5 years later they come to my dad about it and stop him from getting tax returns, loans, or anything… Its not fair. He rightfully claimed me, he never did anything wrong, my mom already paid them back for her wrong and so why should he pay? He has lost years drugstore of tax returns he cant drive b.c they took his lisence and well, we need some help!!!
IRS has a Tax Advocate that can help you
if you have claimed her all along apparently someone else has begun to claim her and your return was the last one in
the new rule however, give the dependency to the parent the child spends the most time with
you don’t mention if you have custody or not
yes, your information is in the computer but it is not evident about the 2007, 2006, 2005 etc in the information that is currently on hand for 2008
it is not side by side to compare
go to http://www.irs.gov and search for the ‘advocate’
There are multiple tests. Biology is only one of them.
If you tried to claim her as your qualifying child, you had to show that she was your daughter (birth certificate), that she is a US Citizen or resident of the US, Canada or Mexico, that she lived with you for more than 6 months, that she isn’t married and filing jointly with someone else, if under 19, that she didn’t support herself.
If you tried to claim her as a qualifying relative, you had to show that her income was less than $3500 for 2008 and that you provided more than half of her support. Support she received from the state counts against you.
If the IRS questioned your right to claim her, you needed to supply them with the documents they requested. Usually the hardest one for Qualifying Child is prove that she lived with you for more than 6 months. Some people are not able to provide that and lose. For Qualifying Relative, the hardest test is the support test. Again, lack of records can prevent you from claiming her.
And, with 2 parents, if you are still living together, the IRS awards the tie-breaker to the parent with the highest income. If you have split, it’s the custodial parent, but you have to show you are that person.
Edit. So, your dad is the non-custodial parent? if so, he can only claim your exemption if he has a SIGNED 8332 to attach to the tax return. he would not be eligible for EIC or HOH.
From what you’ve stated, it sounds like one of two things is happening. Either 1, someone else has claimed her as their daughter, or 2, there was a misrepresented social security number. Something’s not right here, if you’ve been claiming her since birth and all of a sudden this year, they say there’s a problem. Call and ask exactly what the problem is with claiming her!
You can do this yourself, go to a local IRS office in your city with all the documentation showing you have the right to claim your child. Apparently someone else is claiming the child and has proof they can claim the child. It is all up to you to show your proof.
Your parents returns have nothing to do, only if you filed a tax return and claimed you and then you filed your own claiming yourself.
It seems like you are not sure what exactly IRS is asking of you contact IRS at the phone number listed on your letter and find out, ask questions and don’t hang up until you are sure you understand what you need to do to correct this.
Sound like IRS asking you to show proof that you have the right to claim the child.
Surely IRS didn’t take your dads license, that has nothing to do with tax returns.
Good luck!
The fact that she is your birth daughter does not automatically give you the entitlement to claim the exemption for her. See IRS Publication 501.