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I was involved with children services I had custody of my…

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Okay so I was...

Okay so I was involved with children services I had custody of my kids Jan and feb they got taken end of Feb and their great aunt got temp custody for 6 months then I regained them back at the end of August and still have custody she said she is going to claim them on her taxes and I want to know if she is the one that gets to or myself since I have them the same amount and I am the mother?

Submitted: 1 month ago.Category: Tax
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1/6/2018
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,642
Experience: 15years with H & R Block. Divisional leader, Instructor
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Hello, I'm Robin. Welcome to JustAnswer. I'm reviewing your question now and typing up my reply. I'll post that in just a few moments.

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Customer reply replied 1 month ago
Ok thank you
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

The IRS would apply the tie breaker rules should you both claim the same dependent(s) on your tax returns.

If the child is a qualifying child of both a parent and a non parent, the child would be treated as the qualifying child of the parent if both the parent and non parent claimed the child as a qualifying child for tax-related benefits.

The AGI rule for a nonparent only applies if a parent may claim a child as a qualifying child but no parent claims the child as a qualifying child. As you are wanting to claim the children as well the IRS generally sides with the parent.

You will be required to send proof to the IRS (they will ask both of you to send proof) that the children lived with you for the 6 months or more.

Please let me know if you need more information.
If not then please scroll up to see the STARS to rate so I am credited.

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

Hi just checking back to see if you responded

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