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Claiming Dependents

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joysgirl2

Member
What is the name of your state? NC

I have lived with my boyfriend for 9 years. I have two children that are not his. I have received less than $500.00 a year in child support so my boyfriend has been claiming my boy's on his tax return. I don't work so he has paid 100% of everything for us. Is this legal?
Thanks,
Gail
 


abezon

Senior Member
Yes, it's fine. Since you didn't work, he can also claim you as a dependent. He might want ot amend 1999's return tomorrow & add you. The deadline for amending 1999 if tomorrow -- 4/15. The return must be postmarked by then.
 

joysgirl2

Member
Thank you. I thought it was legal, but the IRS sent us a letter stating, he cannot file as head of household. He cannot claim the earned income credit, nor the exemptions. What's up with this?
Thanks again,
Gail
 

abezon

Senior Member
To file HH, the kids have to have lived with him the entire year, and he must treat them as his own children (support, interaction, etc.) List their relationship as "fosterchild" on the Dependents section of the 1040. He should list your relationship as "Other".

He can't claim EIC because the kids are not blood relations or placed by an agency.

The IRS gets these things wrong on a regular basis. He should hire a professional tax preparer to help deal with the IRS.

As I said before, if he wants to amend 1999 to claim you & the kids, he has to have the amendment postmarked by TODAY. I don't know what time zone you're in or if this is feasible.
 

joysgirl2

Member
Thanks again, he has been claiming the boy's and I for several years, so 99 is taken care of. I guess, now I will fight with the IRS, as they state he owes $146.00, plus interest (already accumulating), when I had figured we would get back $1656.00.
Gail
 

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