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Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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My sons girlfriend and her 2 children lived with him all of

Customer Question

My son's girlfriend and her 2 children lived with him all of 2009. She is permanently disabled and received Social Security benefits of $3840 on form 1099 for the year. She received no other income. Can he claim her or the children as dependents on his income tax this year?
Submitted: 7 years ago.
Category: Tax
Expert:  lawNinvest replied 7 years ago.
No he can't. He cannot claim children that are not his as his own, unless he has legal custody rights over them. Since he is not married to his girlfriend he also can't claim her.

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Customer: replied 7 years ago.
it is my understanding that you can claim a person if you have lived with them and supplied 1/2 their income even if you are not related. it even has a place for relationship and lists a possible "none" choice. Are you sure?
Expert:  lawNinvest replied 7 years ago.
In what state do they live in as the answer can vary?


Customer: replied 7 years ago.
north carolina but I am asking about federal and I guess state
Expert:  lawNinvest replied 7 years ago.
I am going to move your question to our Tax experts to assist you further as I may not be understanding your question completely. No need to accept on my questions, thanks.
Expert:  Lev replied 7 years ago.

Please find rules for claiming dependents in IRS publication 501 page 12 -

I put extract here for your convenience



If Social Security benefits of $3840 is the only income of the girlfriend - it is not taxable - and the girlfriend is a qualified relative of your son - and may be claimed as a dependent.

Because the girlfriend is a dependent - she may not claim her children and if children are not qualified children for anyone else - they are qualified relatives for your son - and therefore may be claimed as dependents.


Let me know if you need any help.


Edited by LEV on 4/1/2010 at 8:29 PM EST

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