• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help with Son's Tax problem

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jessie0054

Junior Member
What is the name of your state? Missouri
I live in Missouri but my son lives in South Carolina.
My son has been denied the right to claim his child as a dependant on his taxes for the last 2 years because both he and his Ex claimed the child on their tax returns for the year they devoriced.
It clearly states in the divorce degree that my son has full custody of his child and has the full rights to claim him on his taxes.
Is there any way to get this mess cleared up now so that he can claim him??
I know that last year he was to send in a lot of extra documents showing that his child lived with him for the full 12 montths but because he works a fulltime job and is living with a Blood Cancer which causes him short term memory loss and extreme fatigue he didn't get all these materials back to the IRS in the 30 days they gave him to get them rounded up.
I tried to make contact with them to discuss his situation but they wouldn't give me the time of day even though i was listed as a third party on his return so that i could talk to tthem about it.
So how do we get this mess cleared up??
Would a letter from the Ex wife help??
Is there any form she can sign stating that she doesn't have the right to claim the child ??
Thanks!!
Jessie
 


J

jessie0054

Junior Member
Silverplum:
Thank you for your reply!
If the form 8332 is all we need to get this cleared up, I'll mail the Ex wife one tomorrow.
Jessie
 
S

Silverplum

Senior Member
Pink Lotus said:
SP,
I am wondering why the ex would sign the form 8332 if she is not the Custodial Parent. The IRS website states the Custodial is presumed to claim taxes.
A court order should suffice shouldt it?
Click to expand...

No, the court order is no longer enough. Just a few years ago, one could mail in a copy of the C.O. along with the taxes and it was sufficient. Now, the Form 8332 is required.

Normally, the CP just claims the child/ren and life moves on. In this instance, both parents claimed and the IRS is trying to sort it out. It would be easier for Dad if Mom would sign the 8332 and move on. She may not. Who knows?
 
T

tranquility

Senior Member
A court order *could* be enough, it's just that they hardly ever are as they are not written with the requirements in mind.
 
LdiJ

LdiJ

Senior Member
I think that Tranq missed something here so I am going to respond.

Its the NCP that must have a signed form 8332 from the CP in order to claim the child, NOT the CP. The CP merely needs to prove that they have physical custody.

What dad needs to do is gather all his documentation proving that he has sole custody, proving that the children's address for school, doctor, daycare etc. purposes is his address, and proving that the children are his children (birth certificate) and needs to send it all to the IRS with a request to re-open the examination.

It would probably be in his best interest to have a tax professional assist him. It is resolvable but its going to take some persistance and tenacity, and it may take the intervention of the Taxpayer's Advocate.
 
J

jessie0054

Junior Member
Thanks Ldij:
I'm confused about the form 8332. It is asking for the name of the NCP who is claiming the Exemption. Not asking that the NCP to sign giving the CP the exemption.:confused:
If my son gathers all his documents for the last 2 years and send them to The IRS with a request to the examination will the IRS then give him his Exemption for the last 2 years they denied him even though his son lived with him all 12 months of both years and he provided 100% of his living and the NCP payed none??
Thanks
Jessie
 
Zigner

Zigner

Senior Member, Non-Attorney
Actually, in this case, your son will have to prove that he is the custodial parent. The advice to use form 8332 doesn't appear to be accurate. HOWEVER, I don't think a form 8332 would HURT anything...
 
T

TinkerBelleLuvr

Senior Member
Your son's best bet is to either use a professional tax service (and not one of the ones that make there big business during tax season - I'm avoiding names here) that has either a CPA or an EA available to work with your son, OR to contact a tax advocate. If you go to the IRS website (www.irs.gov) and search for tax advocate, you'll get the ones that are available to your son. They've worked some tough cases.
 
T

TinkerBelleLuvr

Senior Member
Zigner said:
Actually, in this case, your son will have to prove that he is the custodial parent. The advice to use form 8332 doesn't appear to be accurate. HOWEVER, I don't think a form 8332 would HURT anything...
Click to expand...
An 8332 could hurt the son greatly if he is eligible for Earned Income Credit or Child Care Credits. Those are ONLY available to a CP. An 8332 is for a NCP to be able to claim the child.
 
Zigner

Zigner

Senior Member, Non-Attorney
Ginny J said:
An 8332 could hurt the son greatly if he is eligible for Earned Income Credit or Child Care Credits. Those are ONLY available to a CP. An 8332 is for a NCP to be able to claim the child.
Click to expand...

A form 8332 does NOT change the status of CP versus NCP.
 
LdiJ

LdiJ

Senior Member
Zigner said:
A form 8332 does NOT change the status of CP versus NCP.
Click to expand...

Using a form 8332 in this scenario would be like admitting that he was NOT the CP, or would be him giving the exemption to her. It would cause all kinds of confusion.

Look at a form 8332, and you will understand what I am talking about.
 
Zigner

Zigner

Senior Member, Non-Attorney
LdiJ said:
Using a form 8332 in this scenario would be like admitting that he was NOT the CP, or would be him giving the exemption to her. It would cause all kinds of confusion.

Look at a form 8332, and you will understand what I am talking about.
Click to expand...

I understand your position and agree that it could cause confusion. However, that form, in and of itself, does NOT determine CP vs NCP status.

However, You and Ginny are probably right in that it's better not to muddy the waters...I'll retract my earlier statement that it "can't hurt"...
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top