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| *Loan,banking and credit>>>child tax |
I want TO KNOW WHAT THE FINES AND PENALITES ARE FOR THE PARENT WHO CLAIMED fraud 3 CHILDREN on 05 TAX RETURN? |
MY BROTHER IN LAW SEPARATED FROM HIS ESTRANGED WIFE ON MARCH 25TH, 2005. SO HE WAS WITH HIS WIFE FOR JANUARY, FEBRUARY, AND MARCH, AND THEY HAVE 3 CHILDREN. HE MOVED TO SAN DIEGO ON MARCH 25 2005, AND THEN WENT AND VISIT HIS CHILDREN ON APRIL 7TH, 2005, AND THEY WERE BEING NEGLECTED BY THEIR MOTHER, THAT HE BROUGHT THEM TO LIVE IN SAN DIEGO. AFTER SPENDING 2 WEEKS WITH THEIR MOTHER, IN THE SUMMER, SHE RETURNED THEM TO US, AND DID NOT EXCERCISE HER SUMMER VISITATION. THEN ON NOV 14TH 2005. SHE TOOK THE 2 OLDER KIDS BACK TO CENTRAL CA, AND WE HAD THE YOUNGEST UNTIL JAN 14 2006, HE WAS COURT ORDERED TO RETURN TO MOTHER. BUT SHE CLAIMED ALL 3 KIDS FOR 2005, AND WE JUST GOT A NOTICE FROM IRS SAYING THAT SOMEONE ELSE USED THE KIDS NUMBERS, BEING THEIR MOTHER. SO WITH OUR SCHOOL & DAY CARE RECORDS, AND THE 3 MONTHS THEY BOTH HAD THE KIDS, WILL THE MOTHER HAVE TO PAY BACK THE ENTIRE TAX RETURN FROM LAST YEAR AND FINE? WHAT ARE THE FINES. THE KIDS WERE 8,5,3 AT THE TIME. THANK YOU. If the children lived with one of the parents for more than 6 months, (183 days or more), then that parent is considered the custodial parent for that tax year and is the one who can legally claim the exemption for the children. (This assumes that the parents combined provided 1/2 or more of the support for the children during the year). The non-custodial parent may not claim the exemption unless the custodial parent signs release form 8332 (or an equivalent statement). Time that the children lived with both parents counts for both. Only the IRS will be able to compute the the penalties and interest. The IRS audits both returns when more than one person claims an exemption for the same dependent. The parent that proves custody gets the exemptions and the other parent pays interest and penalties on the amount of tax owed. Source(s): http://www.irs.gov/pub/irs-pdf/f8332.pdf... Who has legal custody? Doesn't sound like anybody had them for at least half of the year - the mom, your brother-in-law, or you. If anyone can take the exemptions, it's probably the person with legal custody. What a mess! Good luck to everyone involved. |
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