bignastee Posted April 11, 2008 Report Share Posted April 11, 2008 Can anyone give me any advice on how to deal with tax problems. I have been battling IRS every year about Earned Income Credit. They are saying that I cant claim my daughter. Anyone with any knowledge of the situation please respond. Link to comment Share on other sites More sharing options...
LVMortgageMom Posted April 11, 2008 Report Share Posted April 11, 2008 Is someone else claiming her, like the other parent. I've learned that if u both claim the same dependent, the write-off goes to the parent, who has the higher AGI. Link to comment Share on other sites More sharing options...
swirlgirl Posted April 11, 2008 Report Share Posted April 11, 2008 Can you provide more details? How old is your daughter? Is she claimed by another person? What reason is the IRS giving you for not allowing the credit? Link to comment Share on other sites More sharing options...
bignastee Posted April 11, 2008 Author Report Share Posted April 11, 2008 My daughter is 10 years old. No one else is claiming her, plus I make more money than the mother. IRS has not gave me a reason. They have audit me numerous times over the last 10 years. Link to comment Share on other sites More sharing options...
looksbothways Posted April 11, 2008 Report Share Posted April 11, 2008 Do you have custody of your daughter? Whether you make more money is irrelevant in the eyes of the IRS. If the mother has primary custody and claims her, you can't claim her. Only one of you can claim her as a dependent for tax purposes, and I believe LVMortgageMom is incorrect. In my experience the IRS will let whoever gets their return in first claim the child. The second person, regardless of AGI, will be told that the child is already being claimed by someone else. It's not fair, but that's how they do it. I've seen too many people posting to the divorce forum I visit asking how to enforce their agreement because their ex keeps claiming the kids and gets their returns in first. The IRS doesn't care what your divorce agreement says either.Is the IRS saying you can't claim your daughter, or that you don't qualify for the earned income credit? They shouldn't just say you can't claim her and give no reason. You've likely been given a reason somewhere. You probably need to consult a tax professional if you don't understand what's going on. Link to comment Share on other sites More sharing options...
bignastee Posted April 11, 2008 Author Report Share Posted April 11, 2008 I am the only one who claims my daughter. Her mother does not claim her. We all live together so there is no custody issues. IRS wants me to prove that my daughter is mine. I have done this over and over again. Link to comment Share on other sites More sharing options...
jq26 Posted April 11, 2008 Report Share Posted April 11, 2008 That is really strange. Just make sure that you are using the correct SSN or taxpayer ID on your 1040. You should not face any problems. Are you sure there are no other relevant facts? The IRS is not out to beat people over the head- they usually are pretty fair. Especially on issues such as this where someone must support her and that person is entitled to claim her as a dependent.You and no one else claims her every year on your 1040 as a dependent & you are eligible for EITC? If so, then I'm not sure why they bother you. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 11, 2008 Report Share Posted April 11, 2008 I am the only one who claims my daughter. Her mother does not claim her. We all live together so there is no custody issues. IRS wants me to prove that my daughter is mine. I have done this over and over again.I know a few years back the IRS started cracking down on especially single fathers who they didn't believe actually had custody of the child. Also, up until a couple of years ago an the male half of an unmarried couple could claim not only the mother as a dependent (assuming her adjusted gross income didn't exceed the personal exemption, $3400 in 2007), but any of her children, regardless of whether he was the child's father or not. In the last two years or so our lovely congress has stopped that. Now you could still claim your lady as a dependent, but you can't claim her kids and if she's being claimed as a dependent she can't claim her kids. So, no one can claim the kids. Anyway, the IRS might be under the misapprehension that the child is not ours (or they want to be of that misapprehension). A child is worth a lot towards claiming EITC and the child tax credit and even the day care credit (if you have those expenses) whereas another adult is not. I know the income level that the EITC expires at is much, much lower than for married filing joint or head of household. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 11, 2008 Report Share Posted April 11, 2008 Is someone else claiming her, like the other parent. I've learned that if u both claim the same dependent, the write-off goes to the parent, who has the higher AGI.Nope, the write off goes with the parent with whom the child lived the greatest part of the year. Pretty much 183 days vs. 182 days. The only time there might be a question would be if, for instance the child lived with grandma or older sis for a few months and the child ended up living with each of the parents the same number of days. Then the deduction would go to the parent with the highest AGI. Link to comment Share on other sites More sharing options...
jq26 Posted April 11, 2008 Report Share Posted April 11, 2008 They are trying to avoid a gaming of the system that some people take advantage of. But here, they have nothing that indicates fraud or deceit. And he says he has been audited. Usually, if found acceptable under audit, the matter is closed. Link to comment Share on other sites More sharing options...
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