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Stephen G.
Stephen G., Sr Financial Expert
Category: Finance
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Experience:  Extensive Experience with Tax, Financial & Estate Issues
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My son and s wife had a dissolution in Dec. 2014. They have

Customer Question

My son and his wife had a dissolution in Dec. 2014.
They have 1 child. The legal papers say they alternate the years that they can claim him.
She claimed him for 2014.
This was my son's year to claim. He just heard from Turbo tax that he can't claim his son because someone else has claimed that S.S. Number.
What action can he take?
Submitted: 10 months ago.
Category: Finance
Expert:  Stephen G. replied 10 months ago.

Well, when you say "Turbo Tax" do you mean that Turbo Tax informed him that his e-file return was rejected by the IRS for that reason, that someone else claimed that dependent?

If so, does he know or can he determine from talking to his ex-wife whether or not she claimed the child?

I ask, because of all the identify theft, the number could have been used by someone else.

If that's not possible & he wants to presume that his ex-wife did claim the child, all he can do now, is to file a paper return claiming the child, with a copy of the divorce agreement and a "Statement, made under penalties of perjury, that 2015 was his year to claim the child", & attach it to the face of the return.

The IRS will sort it out and send her an adjustment disallowing the child as an exemption, and accept his return as filed.

The only other alternative is to get her to amend her return to remove the child as an dependent and inform her that if she doesn't the IRS will make the adjustment and she will be subject to penalties & interest.

The IRS will review the situation

Expert:  Stephen G. replied 10 months ago.

Just Checking In.......

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Thanks very much.

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Expert:  Stephen G. replied 10 months ago.

Just checking in...................

If you do not have any additional questions, I would appreciate it if you would take a minute to rate my response as that is the only way we receive credit for our work.

Thanks very much,

Steve G.

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