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Claiming Rights, My Girlfriend's Dad Or Me?

Criminal Law Discussion Forum

Claiming Rights, My Girlfriend's Dad Or Me?

Postby Burhardt » Sun Dec 04, 2016 9:24 pm

s About Taxes)/Claiming rights, my girlfriend's dad or me? Advertisement Expert: John L. Tidwell - 1/17/2010 In 2007, I was working part time but able to support my nonworking girlfriend, her daughter, and my newborn son in my apartment. When she was pregnant, she was eligible under her dads medical insurance to cover the pregnancy costs. This was somewhat of a favor(we did qualify for Medicaid). If he took her off the insurance, he would still be receiving the same deductions from his insurance(he has more than two people under his plan). For 2007 and 2008, they claimed my girlfriend's daughter behind my back.  I went ahead and did nothing about it so it would not create any more problems in my household.  In 2009, my girlfriend went back home to live with her parents so she can have "better" support to go to school(she went to school part time that semester).  According to my girlfriend, he might be trying to go back to tax year 2007 and use the pregnancy costs against me. My girlfriend left me on August 5th(she took all her belongings and the kids).  I live in an apartment that you need a 30 day notice to move out so I was left in complete shock and not knowing if or when she'd come back.  I supported my girlfriend, her daughter, and my son until that point, but I still do provide her with money to help out with expenses.  Now, her dad is trying to do whatever he can to claim my girlfriend and her daughter in his taxes for 2009 leaving me to claim only my son.  He is trying to get any money he can from any source and I happen to be a target.  I believe this is truly unfair, but am wondering what is the correct thing we can do to solve this.  I was also wondering what time of "say-so" my girlfriend has in all this.  My girlfriend wants no part in this argument and she has not worked in the past 3 years. She feels put in a bad situation where someone will get upset.  I want to be fair at the end, but really want to know how the IRS would view this situation if we both(her dad and I) claimed the same dependent(s). Who would get penalized after an audit? And can I claim myself as Head-of-Household? Thanks in advance.  Any help would be greatly appreciated.  

Read more: http://www.justanswer.com/questions/1lbuf-can-i-claim-my-girlfriends-children-th

ANSWER: Sergio:

First let me set the record straight.  A dependent is a child who is 18 years of age or younger who lives with you for at least half the year(6 months and 1 day) and you provide 50% of the support.  A spouse who lives with you and you file a joint return with her.  That is is it.  Girl friends and children of girlfriends are not your dependents.

Claiming someone on your return who you are not entitled to claim can be a criminal offense.  Since you are single you are not head of household, but, you could be if and only if you can claim your child as a dependent.  Your girlfriend's father will have to answer to the IRS when they discover his filing error.  From my experience it will be best not to get into that mess.

John

---------- FOLLOW-UP ----------

John,

Thanks for your fast reply.  But if my girlfriend did not work all year, and I supported her, who has the legal right to claim her?  Can she dictate who claims her when I supported her while she did not work?  A tax representative(supposedly) told my girlfriend that she is an adult and has the right to not allow me to claim her daughter or our son.  Is this true when she did not work all year and I supported her and the kids.  Again they lived with me for almost the whole year, and I supported them all well over 50%. I have a feeling, they are trying to pull a fast one and take advantage of me.  
Burhardt
 
Posts: 56
Joined: Fri Jan 03, 2014 4:02 am

Claiming Rights, My Girlfriend's Dad Or Me?

Postby Homer » Mon Dec 05, 2016 9:37 pm

s About Taxes)/Claiming rights, my girlfriend's dad or me? Advertisement Expert: John L. Tidwell - 1/17/2010 In 2007, I was working part time but able to support my nonworking girlfriend, her daughter, and my newborn son in my apartment. When she was pregnant, she was eligible under her dads medical insurance to cover the pregnancy costs. This was somewhat of a favor(we did qualify for Medicaid). If he took her off the insurance, he would still be receiving the same deductions from his insurance(he has more than two people under his plan). For 2007 and 2008, they claimed my girlfriend's daughter behind my back.  I went ahead and did nothing about it so it would not create any more problems in my household.  In 2009, my girlfriend went back home to live with her parents so she can have "better" support to go to school(she went to school part time that semester).  According to my girlfriend, he might be trying to go back to tax year 2007 and use the pregnancy costs against me. My girlfriend left me on August 5th(she took all her belongings and the kids).  I live in an apartment that you need a 30 day notice to move out so I was left in complete shock and not knowing if or when she'd come back.  I supported my girlfriend, her daughter, and my son until that point, but I still do provide her with money to help out with expenses.  Now, her dad is trying to do whatever he can to claim my girlfriend and her daughter in his taxes for 2009 leaving me to claim only my son.  He is trying to get any money he can from any source and I happen to be a target.  I believe this is truly unfair, but am wondering what is the correct thing we can do to solve this.  I was also wondering what time of "say-so" my girlfriend has in all this.  My girlfriend wants no part in this argument and she has not worked in the past 3 years. She feels put in a bad situation where someone will get upset.  I want to be fair at the end, but really want to know how the IRS would view this situation if we both(her dad and I) claimed the same dependent(s). Who would get penalized after an audit? And can I claim myself as Head-of-Household? Thanks in advance.  Any help would be greatly appreciated.  

Read more: http://www.justanswer.com/questions/1lbuf-can-i-claim-my-girlfriends-children-th

ANSWER: Sergio:

First let me set the record straight.  A dependent is a child who is 18 years of age or younger who lives with you for at least half the year(6 months and 1 day) and you provide 50% of the support.  A spouse who lives with you and you file a joint return with her.  That is is it.  Girl friends and children of girlfriends are not your dependents.

Claiming someone on your return who you are not entitled to claim can be a criminal offense.  Since you are single you are not head of household, but, you could be if and only if you can claim your child as a dependent.  Your girlfriend's father will have to answer to the IRS when they discover his filing error.  From my experience it will be best not to get into that mess.

John

---------- FOLLOW-UP ----------

John,

Thanks for your fast reply.  But if my girlfriend did not work all year, and I supported her, who has the legal right to claim her?  Can she dictate who claims her when I supported her while she did not work?  A tax representative(supposedly) told my girlfriend that she is an adult and has the right to not allow me to claim her daughter or our son.  Is this true when she did not work all year and I supported her and the kids.  Again they lived with me for almost the whole year, and I supported them all well over 50%. I have a feeling, they are trying to pull a fast one and take advantage of me.  
Homer
 
Posts: 37
Joined: Tue Dec 31, 2013 12:08 pm

Claiming Rights, My Girlfriend's Dad Or Me?

Postby Ranen » Wed Dec 07, 2016 10:20 pm

Sergio:

When it comes to tax law, the IRS set the law given to them by the US Congress.  No individual has the "right" to decide what is or is not the law.  I have previously stated what a dependent is for tax purposes.  What a tax preparer puts on a tax return I can not control.  If someone files a return claiming dependents contrary to tax law they run a risk of an IRS audit.  If the IRS determine that the return is fraudulently filed they can go back not three years but to the beginning of the taxpayer filing tax returns.

Any way your girl friend can not be your dependent, neither can her children.  Any tax preparer who puts your girl friend on a tax return as a dependent is committing fraud.  The IRS does not recognize "common law" marriages nor "boy friend" "girl friend" dependent deductions on tax returns.

Go to www.irs.gov and read individual tax return reporting requirements.  You also can use "bing" and search for "dependent" reporting requirements.

John
Ranen
 
Posts: 36
Joined: Tue Jan 21, 2014 6:33 pm


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