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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can petitioner claim as a dependent an adult child (26 years old) living with him The a

Resolved Question:

Can petitioner claim as a dependent an adult child (26 years old) living with him? The adult child is a full time student and works part-time, earning only $4,000 annually. The child is dependent upon the petitioner for food, clothing, shelter. However the petitioner didn't list the child as a dependent on his tax return. If he can claim the child as a dependent, then does the income have to be added to the petitioner's, since the child's money is not given to the petitioner to assist with petitioner's expenses?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

is the 26 year old living with the filer?

WALLSTREETESQ :

for how long?

Customer:

Yes, the child has been living with the filer for at least 2 years, maybe longer, and was claimed as a dependent by filer on last year's tax return.

WALLSTREETESQ :

The bankruptcy code only requires the filer to list the household members,

WALLSTREETESQ :

They do not go by the IRS definition of dependant, however they use the Census Bureau defined “household” as follows: A household consists of all the people who occupy a housing unit. A house, an apartment or other group of rooms, or a single room, is regarded as a housing unit when it is occupied or intended for occupancy as separate living quarters; that is, when the occupants do not live and eat with any other persons in the structure and there is direct access from the outside or through a common hall.


The definition continues: A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. The count of household excludes group quarters. There are two major categories of households, “family” and “nonfamily.”

WALLSTREETESQ :

So the adult child is a household member and thier income would be used for the purposes of the filing,

WALLSTREETESQ :

If the child is declared a dependant, their income technically is still to be considered as they do ask for all household income

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

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