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P.A.S | What is the best proof to provide the IRS with when audited for claiming your sister's children? |
I recently received a letter from the IRS that I was being audited for year 2005. I claimed my sister's kids because I supported them 50% throughtout the year but I did not live with them that year. What can I do when no 2005 receipts are found? What other proof could I use? |
 |
 
Ken B
|
Wow, that could be a tough one.
Assuming your sister didn't claim her own dependents (or was required to file a tax return), I would think maybe she would be agreeable to stating in writing that you did in fact provide over half of their support and you agreed to her taking the dependency deduction.
Below is a link that can nicely walk you through the 'dependency test' that the IRS will actually go through.
It does seem quite clear that you may have problems with the Residenty Test aspect unless you sister can state they lived with you to help you out.
Anyone telling you that you might have committed fraud is assuming certain things. To prove fraud requires intent to defraud be proved first, and it does not seem to me that you intended to defraud the U.S. Government.
It may not go great for you, but really it's only an adjustment for an additional dependent or two you claimed. Not the end of the world. |
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SG
 |
You cannot claim them if they did not live with you...they don't meet the residency test. |
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v b
|
How did you claim them?
As qualifying children or as qualifying relatives?
If you claimed them as qualifying children, you will lose totally as that wasn't allowed since they didn't live with you.
Presumably they lived with their mother. If these were minor children, then you will have to show how *she* was a dependent herself, otherwise, she's the only one who could claim them. If she made $3200 or more (or filed a tax return claiming EIC), then you are out of luck.
In the unlikely event no parent or other close relative was living with them that could claim them as qualifying children, then and only then could you conceivable pass the test for qualifying relative...and then you still have the unlikely task of proving you provided more than half of their total support.
This involves calculating their total support costs for the year (including share of rent and food) and then how YOU paid more than half.
No receipts, no proof. You lose.
To have provided support, you had to pay for something. Rent, Utilities, clothing, food, education, what was it? Surely you wrote checks and used credit cards. And keep in mind the IRS will look at *your* income and wonder how you wrote all these checks and still managed to support yourself as well. |
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tammykej
 |
unfortunatly, you will lose the benifits you claimed on your return. The children did not live with you for the year so they arent yours to claim.
The money that you gave them would be considered "gifts". |
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Intruder5
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You will have to prove that you had legitimate custody and provided over 50% of their support for the year. It would be best if you had health insurance cards, records of medical bills paid, etc. The fact that you provided your sister with money is not a litmous test for being able to claim a dependant.
Good luck! |
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darlin1_66
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Do you have credit card receipts, bank records, school records, utility bills or other types of bills in your name for their place of residency? If you don't and you can't prove you supported them for more than 50% of that year, you are out of luck. |
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kim
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What you did was to commit fraud....which is exactly why the IRS performs audits..... they do not pass the residency test - you will owe the money back and you will have to pay interest on that money.....shame on you for trying to not pay your due taxes - if you don't want to pay taxes in America then LEAVE
PS - you better hope all you have to pay is what you originally owed plus interest plus auditing fees - you may be facing criminal charges for defrauding a govt agency |
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Ms. Angel..
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What other proof could I use? well what did you already use?
If you claim the children then proof you supported them, show proof from school records that you they lived with you at some time. Just proof you supported them, or did you, hope the money you got at the time of filing was worth it. Seems like you commit Fraud.
Good LUCK> |
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