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emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2835
Experience:  IRS licensed Enrolled Agent and tax instructor
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Well I dont know how you can help but my issue: Last year my

Customer Question

well I dont know how you can help but my issue: Last year my adult daughter and three minor grandchildren lived with me for practically the entireyear. during which time I provided well over half their supportin maintaining my home to provide as their residence. My daughter lived rent/mortgage and bill(utilities)free.She did have an income of over 4,500 I think,not sure but agreement was for her to live with me for free while she saved foran apartment. right before the start of year she moved out and now she is refusing to provide me with the info" SSN's to file for head of household..is there a way for me to overcome this obstacle and get my takes filed with the correct filing status?
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: i have allother info, birthdates, birth locations,etc.. and last four digits of daughters ssn..
Submitted: 7 days ago.
Category: Tax
Expert:  emc011075 replied 7 days ago.

Hi. My name is ***** ***** I will be happy to help you.

To claim head of household you need a qualifying child(s). Because your daughter lived with you with the children and she had income she is also entitled to claim the children. If children are qualifying dependent for more than one person, the IRS apply tie breaker rule to determine who can claim them. According to tie breaker rule, if more than one people qualify to claim the child but only one of them is the child's parent, only the parent can claim the child.

Customer: replied 7 days ago.
if the tiebreaker rule is implemented and I prevail can I claim them all as dependants because I paid for more than half of her support, what about qualifying relative, the only thing my daughter paid for was for about 80% of the food she and the kids consumed which would have been only a fraction of what I paid,I understand that she may be able to claim herself but what about the three minor grandchildren? medical, public assisatnce and other subsidies (sic) were provided to her for her payments toward house?
Customer: replied 7 days ago.
basically so,if I win the tie I can claim kids but not her even though she qualifies as a relative but probably paid more than the required amountand how do I even get my filing through if she wont provide info?
Customer: replied 7 days ago.
partially satified with answer just don'thow to get t filing point without S.S.N;s..I am sure the IRS has run across similar issues in past..
Expert:  emc011075 replied 7 days ago.

You cannot win the tie breaker rule if she is the parent. If she earned more than $4050 she is not your qualifying relative. Legally, she is not required to provide you with social security numbers of her dependents even if she does not claim them and the IRS cannot force her. The IRS can disallow her claiming the children but cannot force her to give you information you need to file your return as head of household.

Customer: replied 7 days ago.
no phone calls,just need answers to those question then I can proceed..thanks anyway :-)
Expert:  emc011075 replied 7 days ago.

You're welcome. You can disregard the phone call, it was automatically generated by the website.

Yes, the IRS deals with similar issues all the time and it always comes down to the rules. You definitely cannot claim her if she already filed her own return. She is an adult and you cannot claim her without her permission. Regarding the children, unless you can somehow prove that she did not support them the IRS will be on her side and you will need to choose other filing option.

Customer: replied 7 days ago.
ok, so because she is the parent she gets the tax break, even if I paid to support them all and that's the law..seems the law encourages this type of activity,public assistance pays her bills, I pay for the upkeep of the house and at the end of the year neither I or taxpayers are able tor recoup any money, even if she herself lists me on school registration forms as head of household,,wow thats kind of hard to imagine, were is the fairness in that, anyways, ok, thank you.. :-)
Expert:  emc011075 replied 7 days ago.

Taxes are not always fair and yes, I see many similar cases when certain individual are getting huge tax breaks because they know how to play it. And unfortunately I cannot do anything about and the IRS will not investigate.

Customer: replied 7 days ago.
ok,I can prove she did not fully support them but if providing meals means supporting them then I wouldn't .. So her 10% support compared to my 90% percent support to someone about recieving about 50% of their income from the taxpayer amounts to a deduction for the person earning more than what is considered the "depending" level gets a deduction? Meanwhile the Granparent who took them all in under the premise he would recieve some contribution but doesn't and as a result is faced with financial difficulties gets none l know that's what you said but I just can't figure out how that could become a law....It seems more like a crime.
Expert:  emc011075 replied 7 days ago.

Unfortunately the IRS will not get involved in personal or family issues. For the IRS to look into your case you will need to file a return first and the IRS will not help you with that. Even if you won the case the IRS will still not give you social numbers of the children. You can try to file a paper return without the social security numbers but at some point the IRS will be asking for it.