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Additional D... |
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 What do you say to someone who says there is no law require you to pay income tax? |
What law is it that requires it? I don't actually believe that croc, I just want to know the actual law.
Additional Details
An amendmant, is a CHANGE to the constitution. The ... |
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Additional Details
i actually want them to take what ... |
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madynlaneylou | My ex claimed my daughter on his taxes in 06, but shouldn't have. How can I fight that? |
My ex (we were never married) claimed my daughter in 06 on his taxes. We had an understanding that I would claim her every year, because at that time I was not receiving child support. I never filed my taxes that year. How can I fight that, if I can at all? |
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hrblock.laura
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The only way to fight it at this time is to file a tax return for 06 if you had any income. This way the IRS would see that 2 people tried to claim the same child. They would then question both parties to see who had the higher right to claim the child.
This is the only way that the IRS would question the situation.
Laura H – H&R Block – Senior Tax Advisor 5
**This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. |
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me
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You claim her anyway on your taxes. The IRS will see the discrepancy and work it out. They will find out who the child lives with, etc and dthey will tell you who gets to claim her. Easy. It doesn't matter that he paid child support. The child lives with you (I assume she lives with you). |
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thunder2sys
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Problem is if you fight it they are going to find out that you failed to file your taxes for that year and you could be in more trouble for failing to file your taxes.
I'd get to a tax accountant or a tax attorney and make sure you tell them all the details. |
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BELIEVE®
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If you never filed your taxes in 06' then it I don't think you can do anything about it now. I would speak with an accountant. |
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Tracy A
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The person who can "legally" claim the child is the parent that the child lived with 6+ months out of the year. If your daughter is in school and it is a school in your district you will have to show proof that she is enrolled. They may also ask for shot records, day care expenses, etc., etc., any thing that proves that you were the primary care taker. If your ex claimed her and was NOT suppose to he will have to pay that money back and he can be banned from filing for EIC for up to ten years. Call the IRS and let them know that he claimed her and was not suppose to, they will investigate. |
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Peachy
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it will take awhile. But if you file your taxes for 2006 yuo can list her as a dependent, however they are going to look into both filings and probably audit the both of you. you will need to submit proof that the child resided with you and you provided the majority of the care and then he will have to pay back the money owed and peanalty fees and he may be ineligible for EIC for awhile |
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spicertax
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Go ahead and file and claim her. After a few months the IRS will send you a notice disallowing her as your dependent since your ex already claimed her. You will then need to fight this with proof and several letters to them. In the end you should win if you want to go to the trouble. |
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v b
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So file. That will get the ball rolling. |
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src50
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An "understanding" will not stand up with the IRS unless it is part of a divorce decree. Otherwise, whoever actually supported her is entitled to claim her. If you feel that you are so entitled, submit an amended 2006 return doing so. |
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wildbirdie
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You are not allowed to negotiate who gets the exemption.
His taxes are none of your business. There is nothing to fight. Only one of you provides more than half of the financial support for your daughter, by definition. That person is entitled to the exemption. The other is. So, if you provided more than half this year, then go ahead and claim your daughter. If the ex also claims the daughter, then ex has committed tax fraud and will have to explain it to the IRS.
I suppose, if you want to make sure the IRS notices, you could send a letter to the IRS tipping them off that ex has taken an illegal exemption. |
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fargoblizzards
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I actually called the IRS with this question and I was told if the other parent is on the birth certificate whoever claims the child first is who is allowed to claim the child. Unless it's in legal writing that a certain parent has those rights it's a race every year. Screwy, idk |
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wartz
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File an amended return (or an original if you have not yet filed) and let IRS sort it out. |
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Frank112
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You can sue him in small claims for the refund that you should have received had you claimed your daughter. Nothing was in writing so it may be tough, thats why small claims court is your best bet since the rules are more lax when it comes to evidence. |
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