Attention DUers: Lie on your taxes, claim kids you have no right to. The IRS doesn't care!

[Ghost in the Machine]

I went through this 2 years ago and nothing was ever done about it then, either. Went to file taxes, only to find out my daughter has already been claimed as a dependent by someone else. I know it's the mother, she's already had phone bills and credit cards using my daughter's name & social security number.

A call to the IRS wasn't productive for anything.. except raising my blood pressure more. I explained to the person on the phone that I have sole custody and the mother hasn't even attempted to contact or visit the kids in over 2 years.

Me: "she should be arrested for fraud & theft..."

IRS: "we don't really look at it as fraud or theft.."

Me: "WTF?!?!?! Are you kidding me??"

IRS: "No, we just don't look at it that way"

Me: "This *has* to be a joke, right? What can be done about this?"

IRS: "We will send out a letter to you and the other party involved. Blah blah blah..."

Me: "yeah, just like 2 years ago and nothing was ever done"


So there you go... go ahead and lie & cheat on your taxes, the IRS doesn't give a fuck, apparently... meanwhile, my kids and I are out of about $1500... *again*....

/rant

[ieoeja]

1. This is identity theft. Turn her into the police. n/t

[flvegan]

2. w00t! I have 10 pitbulls that are about to get SS numbers!

Big time deductions, here I come!

Seriously though, sorry about your experience. That's a good chunk of cash, especially now.

[LoZoccolo]

3. I wouldn't say that they don't care that someone else is claiming a dependent.

I would say that they probably know that they can't resolve this over the phone. How do they know that you're not the one trying to claim a dependent falsely?

[liberalmuse]

4. I think I've just become pregnant with octuplets.

Maybe I'll make it decatuplets.

[SoCalDem]

5. File first? ..File yours on Jan 1 and then amend it when you get the W-2s?

Might be worth a try:)

[MrPerson]

6. Take the custody order to the IRS office.

[pnwmom]

7. File early, and -- if it specified who was to take the tax deduction --

attach a copy of the divorce decree.

Unfortunately, being the sole custodian doesn't necessarily mean that parent is the one who has been designated to take the tax deduction. The non-custodial parent may be providing most of the financial support.

[Junkdrawer]

8. Google is your friend....

Answer
Jessica,

Beginning with the 2005 tax year, new rules were put in place regarding who can claim a child as a dependent. Under these rules if your daughter lived more than half the year with you, you are entitled to claim her as a dependent. The support test is no longer relevant.

Here's what you need to do. File your tax return and claim your daughter as a dependent. If your ex also claims your daughter, both of you will get letters from the IRS stating two individuals are claiming the same dependent. You simply need to reply to the IRS stating you are entitled to the deduction because your daughter lives with your more than half of the year. You should also explain in your reply that you have not signed a Form 8332. Form 8332 releases your claim to the deduction.

On a separate note, there is something else I want to mention. Since you and your ex were never married, you probably don't have a formal parenting agreement. When people get divorced, part of the divorce agreement includes a parenting agreement. You really need to get a parenting agreement in place. Legally, both parents are the custodial parent. Courts have often given custody to the mother, but this is not an automatic. Custody doesn't automatically default to the mother. Both parents have the same legal rights over a dependent child until a formalized parenting agreement is in place. Plus you can also include child support in this agreement, if appropriate.

Regards,

Neil Johnson
The Tax Dude™
www.thetaxdude.com
[e-mail]


http://en.allexperts.com/q/Tax-Law-Questions-932/child-tax-fraud.htm