JustAnswer > Tax
Ask A Question|Register|Login|Help
JustAnswer

Tax

Ask a Tax Question, Get an Answer ASAP!

Have your own Tax question?

8 Tax Professionals are Online Now
characters left:
Not a Tax Question?
Bookmark and Share

Question

I have a client who has legal custody of two boys. They are not her children but were left to her by their grandfather who passed away. Can she claim them as dependents and can she get the child credit for her federal taxes. They are not adopted either.They lived with her all of 2007. They also receive SSI Survior benefits. Does she have to claim that as well?
The city is Cattaraugus and the State is New York.

Edited by XXXXXXXX on 3/24/2008 at 10:57 AM

Submitted: 608 days and 16 hours ago.
Category: Tax
Value: $15
Status: AWAITING CUSTOMER ACTION
+
Read More
Posted by LEV 608 days and 15 hours ago.

Info Request

"client who has legal custody of two boys" - what is the legal ground for the custody?

608 days and 15 hours ago.

Reply

They were adpoted by their grandfather who passed a way and legal custody was transferred to her through his will. Theie bio mother did not want them so her father adopted them as infants. They are now 14 and 11 years old.

Posted by LEV 608 days and 15 hours ago.

Info Request

"legal custody was transferred to her through his will" - was such transfer approved by the probate or family court? any other government agency?

608 days and 15 hours ago.

Reply

Family court

Answer

Please refer to the publication 501 - http://www.irs.gov/pub/irs-pdf/p501.pdf page 10 - Rules for Claiming an Exemption for a Dependent:

  1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
  3. The child must have lived with you for more than half of the year.2
  4. The child must not have provided more than half of his or her own support for the year.
  5. If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.

Foster child. A foster child is an individual who is placed with you by an authorized placement order of any court of competent jurisdiction.

Based on the information given - you may claim children as your dependents.

Picture
Expert: LEV
Pos. Feedback: 99.3 %
Accepts: 
Answered: 3/24/2008

Tax Preparer

Taxes, Immigration, Labor Relations

+
Read More

Related Tax Questions

  • What is a Non-Resident Government Service Tax?
  • i will like to know why i havent get the money from taxs.i ....
  • How long will it take to get the money back
  • do i have to report my dividends i earn on my ...
  • How do i find out who owns an empty property
  • year,s 1991 an 1992 hecd was charge to my school taxes what ...
  • about the law suit
  • Need Info



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.