No, that is not the case, i am sorry for not making it cleat, i have
been living with him all this time, but we Just got Married, he
already got his 2008 returns, before we got married, so we do not file
taxes jointly, i do not even file taxes because i do not work, or have
any source of income. But we may need his taxes corrected for
different reasons.
I just feel that it would be unfair for him to get in trouble since
this is last thing i want.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

D. Stussy wrote:
- quote -

not stated, but it appears that these children are residing with
their father. If this is the case and if the father is filing a
tax return, these children are the qualifying children (assuming
age requirements are met) of their father. As such, this taxpayer
could not claim them as dependents regardless as to the amount
paid for their support. You can't claim another person as a
qualifying relative who is the qualifying child of another taxpayer.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

"Phil Marti" <prm20871[at]verizon.net> wrote in message
news:IdXpl.55$gm6.41[at]nwrddc02.gnilink.net...
- quote -

Fraud - where's the fraud? It is possible to claim a niece or nephew as a
dependent. Listing an incorrect relationship where the correct
relationship also qualifies is an error, not fraud. The OP indicated that
the siblings of the father "help out" (apparently financially) so a
multiple-support arrangement may also exist.

For there to be fraud, the taxpayer claiming the dependent has to
[reasonably] know that he's not entitled to claim the person so claimed. I
don't see that here. I do see a question of whether he's entitled not
fully answered, but I also don't see the information as disqualifying him
either.

- quote -

If "HE"'s filing, I see this as married filing separate. Perhaps that
needs to be clarified too.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >

<ladygomez755[at]gmail.com> wrote:

- quote -

I've peeked ahead, and I see you never tell us whether you're talking about
his separate return or whether you file jointly. If it's the latter, we're
not talking about "his" taxes, we're talking about "your" taxes. Keep that
in mind regarding your 2008 return.

What you describe is called fraud. The consequences of fessing up, filing
amended returns and paying what's due are certainly no more severe than what
happens when the IRS catches on by itself. While I doubt there would
actually be a criminal prosecution, there's no guarantee.

If you've been filing joint returns you have as much say in this as he does.
Beyond that we're into the area of marriage counseling.

If you've not been filing joint returns the financial blow of correcting
this could be eased by making the amended returns joint.

(I'm assuming the two of you have been legally married throughout this.)

--
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 (2007) - All rights reserved. > << ------------------------------------------------------- >

Hi everyone, i would like to know if you guys can help me with this
situation. My husband has filed taxes with h&r block for the last
three years, he has a brother who has 8 kids and cannot take care for
all of them. So his other siblings including my husband help them with
most of the kids expenses all the time, so at the end of the year he
could be able to claim them as dependants right?
But looking through his tax refunds, next to the name of each kid
(three in total), it says their relationship with my husband is son,
son, daughter grrrr!!
My husband tells me it was his mom mistake when they first filed for
the kids, and he has not felt like correcting them, because he thinks
he can get in trouble for lying the irs, going to prission or endding
up owing the irs thousands of dollars... i really need his tax
refunds to be corrected but i dont want him to get in trouble.
Of course nobody else in his family carry this kids so i think they
should take it as a simple mistake and he should not get in any
trouble, i mean.. he really takes care of this kids.
Im sorry for the long post, does anybody know what can happen to him?
or what should we do to amend his taxes?
and if there is going to be serious consequences for this?

Thank you so much in any advice.

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >