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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15017
Experience:  15years with H & R Block. Divisional leader, Instructor
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My nephew lived between my niece and my mother for all of 2012,

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My nephew lived between my niece and my mother for all of 2012, when he was 19. My mother claimed him on her taxes after discussing it with my niece. My mother was audited and they said someone else claimed him and she was to pay back the Earned Income Credit with penalties. We are not sure who would have done that, but the only person we can come up with is his mom, my sister. If it wasn't her and she is willing to sign a form 8332 and we provide a birth certificate and death certificate (for his father) would this be a strong enough appeal, the proof of residency and financial responsibility was already turned in at the beginning of the audit. Also, if it was his mother, because he was 19, is it possible to get a statement from him stating that she was financially responsible for him and he gave her the right to claim him as an exemption?

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.

Robin D. :

First I need to pick over all of the items in this situation..........

Customer:

Thank you

Robin D. :

Your nephew is not allowed to say who can claim him so a statement form him would not be relevant as far as teh IRS would be concerned.

Robin D. :

The Form 8332 is only used for parents that are divorced so that would not be used.

Robin D. :

Your mother would need to show that her grandson lived with her and that she paid more for his support then anyone else.

Robin D. :

There is one other person that could have claimed him. If he worked and earned more than $3900 then he may have claimed himself (inadvertantly).

Customer:

We did that, but received a statement saying that someone else claimed him and she was required to pay back the money. So, if it wasn't someone that he knows, there is no way we can appeal the decision?

Robin D. :

If the mother claimed him then the IRS will rule with her based on the rules, unfortunately.

Robin D. :

Was he in school?

Customer:

He was in school through August.

Robin D. :

Ok one sec please I need to cross reference something................

Customer:

We honestly do not believe it was anyone that would have a right, because this was discussed with him and my sister, niece and mother. So everyone knew what was going on and should not have claimed him.

Robin D. :

She would have to show that he lived with her for more than half the year.

Customer:

Yes, we sent in a statement from the landlord, as well as, all the household bills for those 7 months.

Robin D. :

The rules determine who is allowed and if the mother did claim him the IRS will rule with the parent everytime.

Customer:

OK, thank you very much.

Customer:

Have a great day!

Robin D. :

I wish I could advise differently

Customer:

I understand. First, we will have to try and find out who claimed him.

Robin D. :

That will be difficult because the IRS will not tell

Robin D. :

But

Robin D. :

you are correct, it is most probably someone that had access to his info

Customer:

Thanks! You were a great help!

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