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Richard, Tax Attorney
Category: Tax
Satisfied Customers: 55717
Experience:  29 years of experience as a tax, real estate, and business attorney.
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Hi, My mom had won $10,000 on a scratch ticket. They had

Customer Question


My mom had won $10,000 on a scratch ticket. They had deducted the 3000 for tax when she had cash it in. However, she does not have any earned income beside recieving a monthly Social Security disbility payment. My brother usually claim her as a dependent on his tax return as he lives with her and pay most of the household expenses.

However, Can she still file tax so that she can get the tax (3000) back? Can my brother still claim her as a dependant now that she won the 10,000?

Submitted: 5 years ago.
Category: Tax
Expert:  Richard replied 5 years ago.

Good afternoon. Yes, she should file her tax return and show no tax due...she will get the $3,000 refunded. It will depend upon whether he provides more than 1/2 of her support.


Good morning. You should contact the gas company, explain the history, and request that they reimburse you for maintaining the land. You might also consider trying to gain ownership of this tract by adverse possession. Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. In order in claim title through adverse possession, you would need to file a suit to quiet title.



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Customer: replied 5 years ago.



Yes, my brother does provide more than half support. He pays for all the house expenses like rent, utilities, and food that she resides in. I'm just a little confuse as I was reading some of the qualifying rule for a dependant and it states that you can only claim a parent if their income is less than 3650.00 as one of the criteria. Now, that she won the 10,000 does this fall into that criteria?


Also, to confirmed your answer that my mom can still file to claim the tax w/h, so she can still file eventhough, she's a dependant on my brother tax return?


Expert:  Richard replied 5 years ago.
Yes...she can file the tax return...but, you are correct, the $3650 limit will prevent him from claiming her for this year. I'm sorry!