Claiming a dependant on my taxes

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
I was divorced in 2009. In our seperation agreement I get to claim our oldest daughter, while the ex claims the youngest daughter, until the oldest cant be claimed and then we alternate years for youngest daughter until she cant be claimed by either of us. Wife also signed the 8332 form which was submitted along with a copy of our seperation agreement to the IRS. When I had my taxes done they were kicked out autmatically because my ex had "accidentally" claimed both kids. I was trying to file them e-file. So I had to send my taxes in by mail, no problem. I informed her that I was supposed to claim our oldest daughter. She proceded to tell me that her accountant made a mistake and that she had to do an amended tax return. Fast forward to a week ago. I recived a letter from the IRS stating someone else had claimed my dependant and that I should review my taxes and may need to submit a revised tax return. I took the letter to my accountant and she prepared a letter for me stating why I had claimed the dependant and we made another copy of the 8332 form and seperation agreement and sent it all in to the IRS.
Question is, is there anything else I should be doing? I dont want the IRS to come after me, since I was to claim our oldest daughter.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio
I was divorced in 2009. In our seperation agreement I get to claim our oldest daughter, while the ex claims the youngest daughter, until the oldest cant be claimed and then we alternate years for youngest daughter until she cant be claimed by either of us. Wife also signed the 8332 form which was submitted along with a copy of our seperation agreement to the IRS. When I had my taxes done they were kicked out autmatically because my ex had "accidentally" claimed both kids. I was trying to file them e-file. So I had to send my taxes in by mail, no problem. I informed her that I was supposed to claim our oldest daughter. She proceded to tell me that her accountant made a mistake and that she had to do an amended tax return. Fast forward to a week ago. I recived a letter from the IRS stating someone else had claimed my dependant and that I should review my taxes and may need to submit a revised tax return. I took the letter to my accountant and she prepared a letter for me stating why I had claimed the dependant and we made another copy of the 8332 form and seperation agreement and sent it all in to the IRS.
Question is, is there anything else I should be doing? I dont want the IRS to come after me, since I was to claim our oldest daughter.

Actually, you didn't even need to do what you do. It was fine to do that, but the letter says to take action "IF" you were not the proper person to claim the child.

Most likely your ex was attempting to claim the child only for HOH, EIC and Child Care Credits but her tax professional did not get the correct box checked in his/her software. You do realize that you cannot claim any of those attributes if the child lives with mom even one more day a year than you?

 

[shockergeek]

Yes i knew it said "IF" but my accountant said it would be better to respond then not to.
Another question, I pay for the house, insurance on the house and the property taxes that my children live in, does this effect if I can claim HOH?
Cant I claim HOH for my own house, that I pay for and in live in seperatly?
I asked my accountant about the HOH deal cause I was under the understanding I couldnt claim it because the ex was claiming it. My accountant said since I furnish over half of maintaining the household that my kids live in.

 

[davew128]

Why are you questioning your accountant's correct advice? If you didn't trust the accountants advice in the first place, why did you stay there?

 

[LdiJ]

Yes i knew it said "IF" but my accountant said it would be better to respond then not to.
Another question, I pay for the house, insurance on the house and the property taxes that my children live in, does this effect if I can claim HOH?
Cant I claim HOH for my own house, that I pay for and in live in seperatly?
I asked my accountant about the HOH deal cause I was under the understanding I couldnt claim it because the ex was claiming it. My accountant said since I furnish over half of maintaining the household that my kids live in.

I think that your accountant chose a risky position to take on the HOH. One of the requirements of HOH is that you must have a qualifying child that lives with you for more than 1/2 of the year. While you may be paying the mortgage on the house that mom and the children are currently living in, you are likely paying it as part of either your child/spousal support or property settlement portion of your divorce.

If so, that doesn't count as YOU paying it. So, if you took that position, you may find yourself audited and denied by the IRS for that.