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Sandi Hargrove, SkyHawks
Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent
Category: Tax
Satisfied Customers: 1257
Experience:  I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.
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My childrens aunt recieved CP87A from the IRS. One

Resolved Question:

My children's aunt recieved CP87A from the IRS. One of my children was claimed for the last 8 yrs by his father on his tax filings. For the last 8 so years, I have time and time requested IRS to let me know who was being filed by whom. (Divorce decree states that we can claim one child each.) Due to privacy act, they did not divulge at my multiple requests. Simply IRS said you will recieve a notice and you will need to pay or amend at that time along with penalty.

My children are being raised and schooled in Hawaii and wanted their aunt and uncle get some credit for helping out. With CP87A, they can be denied EIC from 2- 10 years. I asked them to file for the one since the we could not get a honest and fair answer from the IRS but an answer of possible penalty after the fact.

Would a cover letter regarding this situation along with their amended return help their case and what can I do for the filing of 2006 return?
Submitted: 9 years ago.
Category: Tax
Expert:  Sandi Hargrove, SkyHawks replied 9 years ago.

The children's aunt may protest the letter by submitting the proof that the children qualify for Earned Income Credit for her.

Qualifying tests that must be met are:\

1.) relationship (neice/nephew qualifies)

2.) age (under 19 or under 24 if a fulltime student)

3.) residency (must live with her more than 6 months during the tax year)

4.) support (child must not be paying more than 50% of their own total support)

The father may be entitled to claim the child as his dependent based on a divorce decree, but he is not entitled to EIC unless the child lived with him more than 6 months of the tax year.


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