US Tax Court

[WetNap]

What is the name of your state? AZ

The IRS is looking for $6885 from me.

My ex and I both claimed the same children on our 2006 tax returns. I never received the IRS form 8332 as specified in the decree and requested in writing to my ex.

I had the AZ court review the situation and the judge required my ex to sign the form or go to jail. The judge also ordered that my ex complete an amended return for 2006 and pay the balance due. This has been done -- I have copies of the return and the cancelled check.

I was not able to obtain the form in time to comply with a mail audit of my return by the IRS and have to proceed in US Tax Court. I sent in my petition on time. As I understand it, the next step will be to meet with the IRS to review the evidence in the case and try to settle. Has anyone had this experience? Do I need an attorney to help me on this?

 

[LdiJ]

What is the name of your state? AZ

The IRS is looking for $6885 from me.

My ex and I both claimed the same children on our 2006 tax returns. I never received the IRS form 8332 as specified in the decree and requested in writing to my ex.

I had the AZ court review the situation and the judge required my ex to sign the form or go to jail. The judge also ordered that my ex complete an amended return for 2006 and pay the balance due. This has been done -- I have copies of the return and the cancelled check.

I was not able to obtain the form in time to comply with a mail audit of my return by the IRS and have to proceed in US Tax Court. I sent in my petition on time. As I understand it, the next step will be to meet with the IRS to review the evidence in the case and try to settle. Has anyone had this experience? Do I need an attorney to help me on this?

Contact the auditor by telephone. Ask them to reopen the audit. Tell them that you would like to fax them the form 8332 that your ex signed in court, along with a copy of her amended return and her cancelled check. Odds are that the auditor will agree to reopen the audit, and you won't have to go to tax court.

The key here is the signed form 8332.

I will add a proviso however. 6885.00 is alot. Unless you have at least three children, perhaps four, with your ex, its unlikely that the change in your tax, even with penalities and interest, would add up to that much. I hope that you didn't claim earned income credit for the kids, because you weren't entitled to that nor can a judge order that you are entitled to that.

 

[WetNap]

Contact the auditor by telephone. Ask them to reopen the audit. Tell them that you would like to fax them the form 8332 that your ex signed in court, along with a copy of her amended return and her cancelled check. Odds are that the auditor will agree to reopen the audit, and you won't have to go to tax court.

The key here is the signed form 8332.

I will add a proviso however. 6885.00 is alot. Unless you have at least three children, perhaps four, with your ex, its unlikely that the change in your tax, even with penalities and interest, would add up to that much. I hope that you didn't claim earned income credit for the kids, because you weren't entitled to that nor can a judge order that you are entitled to that.

OK...I'll contact the IRS by phone and ask them to reopen the audit.

Two children with my wife (and two that I was claiming from my former marriage)...the IRS mail audit excluded ALL of the children and childcare credits, etc. for the two children that live with me. My income is too high for the EIC although my ex got hit with having to repay that on her amended return.