Missy <m...[at]yahoo.com> wrote:
- quote -

I am currently dealing with one of these nightmares. Client
moved out state to get away from him and ex followed her.
Never paid any spousal or child support (retired to live off
investments and family $$ rather than pay and when he
reached retirement age he started collecting SS for son -
keeping it himself even though child lived with mother). In
2004 declared that he was now going to claim son (youngest
of 2) and when told he wasn't supposed to he declared that
the first to file got the exemption and he had already
filed.

She got the letter saying that if she was entitled she
didn't have to do anything so she didn't. Then got letter
disallowing both exemption for youngest and also HOH
(ignoring 2nd child). Sent in requested documents. Again
disallowed. Some of the additional documents requested had
been in the original package but agent insisted they
weren't.

She finally told me what she was going through. I had her
send me a POA & copies of what she had already submitted.
It took 3 weeks to get my fax'd POA into the system. Find
out the case was closed so now we are re-opening it &
starting over. I sure hope he gets his in the end. . . .
Last agent I spoke with said this happens a lot.

~ Barbara

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"Missy" wrote
- quote -

And, it could well be that the NCP pays more than 50% of the
support.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"Missy" <mytax[at]yahoo.com> wrote:

- quote -

That has not been the case since the uniform definition of a
child effective with the 2005 tax year. The deciding issue
is now which parent had physical custody more than 50% of
the year, as long as the child in question didn't provide
more than half his own support.

See Publication 501.

--
Phil Marti
Clarksburg, MD

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"runtwoday" wrote

- quote -

Does the child support order give him the exemptions?
Sometimes the judge will "give" the exemptions to the NCP if
he pays more than 50% share of the support and is not in
arrears. What is his % share or is the CS order based on his
income only (depends on controling state)?

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

- quote -

I assume that the divorce decree says noting about who gets
to claim the children. If this is the case and you didn't
yield their tax benefits to your ex on a signed 8332, then
they are yours to claim. File your return on paper (claiming
the children as you did on your rejected e-filed return) and
the IRS will contact both of you and sort it out. Be
prepared to document that they did in fact live with you for
most of the year.

--
John D. Goulden

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

runtwoday wrote:

- quote -

Simply file your return claiming legal exemptions the old
fashioned way: on paper. No need to explain anything.
And IF IRS sends you a letter next November, read it
carefully before you even think at that time you have to do
anything. That letter from IRS is only a letter of advice
and not a demand to amend.

ChEAr$,
Harlan Lunsford, EA n LA

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

runtwoday <runtwo...[at]netscape.net> wrote:

- quote -

You must file your 1040 on paper and through snail mail if
you think that you are entitled to claim the children. You
will claim them on your 1040 and you will receive a letter
and both of you will need to prove that you supported them
over 50%. Only one of you can do that and that is the one
who will receive the deduction.

Missy Doyle

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"runtwoday" <runtwoday[at]netscape.net> wrote:

- quote -

probably won't be able to efile
& may have to deal w/ex to settle it

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"runtwoday" <runtwoday[at]netscape.net> wrote:

- quote -

Paper file, and include a copy of the divorce decree.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

runtwoday <runtwo...[at]netscape.net> wrote:

- quote -

Fill it out correctly, claiming all the deductions and
dependents you are entitled to, and mail it in to the IRS.
They will probably send both you and your ex letters asking
to document your claim for the children. So be prepared to
respond with copies of school records, medical records,
etc., showing addresses of where they lived. Once they make
a determination, they will release your refund and penalize
your ex for claiming dependents he isn't entitled to.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

runtwoday <runtwo...[at]netscape.net> wrote:

- quote -

File a paper return on which you claim all the dependency
exemptions to which you are entitled.

Eventually, the IRS will send notices to both you and your
ex. You will provide the documentation desribed above. You
will get the exemptions and your ex will get a bill for back
taxes and interest and maybe a small penalty.

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

"runtwoday" <runtwoday[at]netscape.net> wrote:

- quote -

Just file on paper. Once your return is processed the IRS
will probably be in touch with both you and your ex to sort
it out. You'll win, given the facts you present.

If you're on good terms, you could suggest your ex file an
amended return.

--
Phil Marti
Clarksburg, MD

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

- quote -

Then you win. Paper file your return and wait for the IRS
letter asking for documentation.

--
Don EA in Upstate NY

<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ------------------------------------------------------- >

My e-file return was rejected because "dependents can be
claimed on only one return".

I assume that my ex claimed my children on his return. I am
the custodial parent, have a divorce decree stating such and
in fact the children resided with me the entire year.

My ex pays child support only.

What are my options regarding my tax return and the IRS?

Thanks in advance.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >