Help with Son's Tax problem

[LdiJ]

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"...

Of course it does not determine status, but its DOES IDENTIFY who is the CP and who is the NCP.....and its the CP who has to sign and give it to the NCP. Therefore, if mom signed one and gave it to dad. She would be being identified as the CP, and he would be being identified as the NCP.

 

[jessie0054]

Ok so i should forget about having Mom the NCP to sign the form 8332.
Would it hurt to have Mom the NCP write out a statement that she is the Mother of the child and give his name and SS# and that the Child's father Name and SS# was given all rights by the devorce degree to claim said Child as his dependant on all tax returns and that child has lived with the father in SC since the devorce.
I the mother of the said Child will not claim the child on my tax returns now and for all future years.
Then have my son send in with his tax return all documents pretaining to the devorce and the childs school records babysitter statments, Health records and ect. that show the child did live in his home in SC for the entire tax year?? [ the mom NCP lives in Missouri]

And thanks to all of you who replied!!!
Jessie

 

[cwollenzien]

Tax Specialist

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

I would still send in the documents and include the divorce degree. Also send in a statement from his doctor stating his condition and why this information is late. If the ex wife is willing to help, have her file an amend taking the children/child off of her return. An 8332 is only to allow a NON custodial parent to claim the child. That form is no good if he is the custodial parent. It will take months and maybe up to 6 months.

 

[TinkerBelleLuvr]

have her file an amend taking the children/child off of her return.

MOM HAS to amend her returns to remove said child from her return. She will now owe the feds money.

I would still work with a tax advocate from the IRS - or get use a professional tax service. These are very messy fixes when it encompasses multi-year denials.