Have a Tax Question? Ask a Tax Expert
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The IRS will not tell you who claimed your child.
They may only tell if the child was claimed by someone by rejecting your tax return and providing the rejection code.
The information about someone's tax return (including information about claimed dependents) is considered confidential and will not be disclosed to other persons.
WHAT CAN I DO TO PROVE HE IS MY SON AND THAT I CAN CLAIM HIM.
If you are eligible to claim your son - you may do so - and another person will be requested to pay back the money if incorrect refund was issued.
To proof - you may provide a copy of birth certificate and a proof that the child lived with you (school record, medical record, etc)
If two persons claim the same child - the IRS will award dependency to the person with whom the child lives.
AN BESIDE THE LETTER I RECEIVED SAID TO FILE AN AMEND. OK MY SON LIVES HERE WITH ME UNTIL HE WENT PRISION AND I SUPPORT HIM WITH MEONY WHEN HE NEEDS IT.
How old is your son?
MY SON IS 35 YEARS
does he had any income?
did he file his own tax return?
NO HE DOES NOT .
and you provided more than half of his support - correct?
WELL AS MUCH AS HE NEEDS.
as ne is not a child - the test to claim a dependent - more than half of his support - you shoudl be able to proof that.
is he married?
HE WAS BUT AFTER HIS WIFE GOT OUT OF PRISION SHE FILE FOR A DIVOUSE.
did they file a joit tax return? did he sign such return?
THEY NEVER DID THAT I KNOW OF.
was their divorce finalized?
YES IT WAS FINAL.
There are four tests that must be met for a person to be your qualifying relative. The four tests are:
1. Not a qualifying child test, - based on his age - OK
2. Member of household or relationship test, - you are related - OK
3. Gross income test, and – he did not have any income - OK
4. Support test. – you should provide more than half of a person's support – that what we are not sure yet.
You need to provide to the IRS supporting documents for these tests.
WHAT IS HALF OF A PERSONS SUPPORT.
You may use this Worksheet for Determining Support - see page 20 in this publication - http://www.irs.gov/pub/irs-pdf/p501.pdf - just print this page and fill it and provide a copy to the IRS.
You also need a copy of his birth certificate to proof your relation.
As a relative - he doesn't need to live with you to be your dependent.
OK THANK YOU.
Sorry - I may not fix your issues. I may only provide information. I would be glad if that information will be helpful for you.