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My sons girlfriend and her 2 children lived with him all of

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My son's girlfriend and her...
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
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Answered in 4 minutes by:
4/1/2010
Tax Professional: lawNinvest,
 replied 7 years ago
lawNinvest
Category: Tax
Satisfied Customers: 20,012
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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 reply 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?
Tax Professional: lawNinvest,
 replied 7 years ago
In what state do they live in as the answer can vary?

Thanks


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Customer reply replied 7 years ago
north carolina but I am asking about federal and I guess state
Tax Professional: 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.
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Tax Professional: Lev, Tax Advisor replied 7 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,713
Experience: Taxes, Immigration, Labor Relations
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Please find rules for claiming dependents in IRS publication 501 page 12 - http://www.irs.gov/pub/irs-pdf/p501.pdf

I put extract here for your convenience

graphic

 

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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