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Message
Claimed Dependent Question
Posted on 4/29/19 at 2:25 pm
Posted on 4/29/19 at 2:25 pm
Received notification today that my Fed return was rejected because a dependent had already been claimed.
Here’s the story.
We adopted our second child last year. Born May 4, and week took custody in July. Rights terminated in August. I’m guessing the BM decided to claim her even though we had her 7 months compared to her two.
Who is the IRS going to side with in this situation? I don’t really care if BM gets a bill for the refund money she got. She should have been a better mother instead of a baby factory who has custody of 0 of her 7 children.
Here’s the story.
We adopted our second child last year. Born May 4, and week took custody in July. Rights terminated in August. I’m guessing the BM decided to claim her even though we had her 7 months compared to her two.
Who is the IRS going to side with in this situation? I don’t really care if BM gets a bill for the refund money she got. She should have been a better mother instead of a baby factory who has custody of 0 of her 7 children.
5
Posted on 4/29/19 at 2:53 pm to beebefootballfan
I would probably just let it go and claim the child going forward..
Probably not the best solution, but it's what I would do rather than getting involved in legal issues with shitty people over a minor amount of money (in the big picture)
Probably not the best solution, but it's what I would do rather than getting involved in legal issues with shitty people over a minor amount of money (in the big picture)
Posted on 4/29/19 at 2:58 pm to beebefootballfan
You can file a paper return(mailed return) with her as a dependent and it will probably go through. If they then question it, just show proof you took custody of her and they'll accept it. They likely won't go after the person that claimed her though.
Posted on 4/29/19 at 3:00 pm to beebefootballfan
quote:
I’m guessing the BM decided to claim her even though we had her 7 months compared to her two.
i dont believe there is any provision for a partial dependent claim, its all or nothing, and she filed first
the IRS would have no knowledge of your unique situation. i would have your lawyer notify her that the child will be claimed on your taxes going forward, and that she will be committing tax fraud if she does it again
Posted on 4/29/19 at 3:27 pm to beebefootballfan
I'd paper file it with the exemption. You provided more than half of her support for the year, and she has no rights.
when you paper file, I'd attach a statement that indicates that you are aware that the birth mother filed a return claiming the exemption, however you are entitled to it because A, B, C, etc.
Depending on your income that's a $2,000 credit plus possible state deductions.
you may want to go back in your paperwork and see if any of your adoption papers say anything about this. Just to make sure you didn't unintentioanly agree to give up the claim this year.
when you paper file, I'd attach a statement that indicates that you are aware that the birth mother filed a return claiming the exemption, however you are entitled to it because A, B, C, etc.
Depending on your income that's a $2,000 credit plus possible state deductions.
you may want to go back in your paperwork and see if any of your adoption papers say anything about this. Just to make sure you didn't unintentioanly agree to give up the claim this year.
Posted on 4/29/19 at 3:28 pm to cgrand
quote:
i dont believe there is any provision for a partial dependent claim, its all or nothing, and she filed first
Yup. Just like you can't be "a little bit pregnant" you can't claim "a little bit of deduction"
Posted on 4/29/19 at 7:01 pm to beebefootballfan
They will side with you, but as stated, you will need to paper file then be prepared with your documentation. It could take months to straighten out.
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