mondaybill wrote:

- quote -

I cannot tell if the facts you relayed are true. :-)

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"mondaybill" <mondaybill[at]antispamyahoo.com> writes:

- quote -

Dad filed a fraudulent return. Mom is entitled to use the
child for EIC, but if she won't do it that's her business.
Neither of them is entitled to file as head of household.

Phil Marti
Topeka, KS

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"mondaybill" <mondaybill[at]antispamyahoo.com> wrote:

- quote -

Both head of household and EIC require that the child live
with the taxpayer for more than half the year. If the child
lived with Dad only 3 days a week then he should not have
filed as Head of Household (he probably shouldn't have
anyway since it sounds like his parents paid most of the
cost of keeping up his home), but his doing so does not
preclude Mom from taking the child for EIC. She should go
ahead and do it, since it's Dad's return that's incorrect,
not hers.

If the IRS questions the returns later, which seems unlikely
(it isn't obvious from the returns themselves that they're
inconsistent, because they could both be correct if Mom,
Dad, and child all lived together for even part of the
year—and the IRS has no idea they didn't), it sounds like it
would be difficult to prove that the child lived with Mom
more than half the year. Maybe to avoid this problem for
future years the couple should sign a written agreement for
custody/visitation.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

<unmarried parents, child lives with Mom 4 days out of 7
- quote -

Mom can claim EIC even if dad claimed HOH. Support or
dependency is not an issue with EIC.

--
Don EA in Upstate NY

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Mother & father never married, live apart in same state
share a 5 year old son. Dad lives free with his parents, mom
has a room in my house and gives me money for utilities. No
legal or written agreements but mom has son 4 days dad
three. Dad likely spends more money on son. In past years
dad took dependent and child tax credit, no head of
household. Mom took the EIC. This year dad went to the block
and they filed head of household too. He makes too much for
EIC. The I'm told she can not take the EIC this year because
dad took head of household. Dad will not refile and mom
won't push the issue. Is this true? Any thoughts?

Thanks! Bill M

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->