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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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how can I FIND WHO CLAIMED MY SON

Resolved Question:

how can I FIND WHO CLAIMED MY SON
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

LEV :

Hi and welcome to Just Answer!

LEV :

The IRS will not tell you who claimed your child.

JACUSTOMER-gsqc0z0o- :

WHY.

LEV :

They may only tell if the child was claimed by someone by rejecting your tax return and providing the rejection code.

LEV :

The information about someone's tax return (including information about claimed dependents) is considered confidential and will not be disclosed to other persons.

JACUSTOMER-gsqc0z0o- :

WHAT CAN I DO TO PROVE HE IS MY SON AND THAT I CAN CLAIM HIM.

LEV :

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.

LEV :

To proof - you may provide a copy of birth certificate and a proof that the child lived with you (school record, medical record, etc)

LEV :

If two persons claim the same child - the IRS will award dependency to the person with whom the child lives.

JACUSTOMER-gsqc0z0o- :

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.

LEV :

How old is your son?

JACUSTOMER-gsqc0z0o- :

MY SON IS 35 YEARS

LEV :

does he had any income?

LEV :

did he file his own tax return?

JACUSTOMER-gsqc0z0o- :

NO HE DOES NOT .

LEV :

and you provided more than half of his support - correct?

JACUSTOMER-gsqc0z0o- :

WELL AS MUCH AS HE NEEDS.

LEV :

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.

LEV :

is he married?

JACUSTOMER-gsqc0z0o- :

HE WAS BUT AFTER HIS WIFE GOT OUT OF PRISION SHE FILE FOR A DIVOUSE.

LEV :

did they file a joit tax return? did he sign such return?

JACUSTOMER-gsqc0z0o- :

THEY NEVER DID THAT I KNOW OF.

LEV :

was their divorce finalized?

JACUSTOMER-gsqc0z0o- :

YES IT WAS FINAL.

LEV :

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.

LEV :

You need to provide to the IRS supporting documents for these tests.

JACUSTOMER-gsqc0z0o- :

WHAT IS HALF OF A PERSONS SUPPORT.

LEV :

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.


LEV :

You also need a copy of his birth certificate to proof your relation.

LEV :

As a relative - he doesn't need to live with you to be your dependent.

JACUSTOMER-gsqc0z0o- :

OK THANK YOU.

LEV :

Sorry - I may not fix your issues. I may only provide information. I would be glad if that information will be helpful for you.

Lev and other Tax Specialists are ready to help you