claiming dependents

[MsEggy]

MASS
Just wondering if there is any way to find out if anyone claimed my husband's children in a prevoius year?
Here's the deal: For tax year 2001 his wife (now EX) allowed him to claim two of their four children on his taxes. While going thru the end of their divorce this year, he finds out that she did not file taxes at all in 2001 (she didn't work that year). So the best we can figure (she will not give a straight answer), no one claimed the other two children that year. He did provide support & lived with them for more than 6 months that year. Is there someway for him to get an answer from the IRS before he files a 1040x ?

Any help would be great.
Thanks,
Laura

[tdavidl]

i am not aware of ANY way to get that info. if the divorce agreement says the ex can claim them & he can't, i',m not sure he can without her permission even though she may not have even filed.

if that's NOT the case & she won't give you a straight answer, why noto file the 1040x anyway. if they've already been claimed they will hopefully pick it up during the processing & notify you, so you're in the same position you are now. if she didn't claim them, then it should process fine.

the only other issue is that you mention it's a 2001 t/r which should have been filed by 4/15/02 without extension. if your husbands return was filed timely, then the 3 yr statute has expired & i don't think i'd let that sleeping dog lie......don't think you can amend after 3 yrs anyway. if he extended & filed before 8/15/02 you may still have time if you dare......

[MsEggy]

Thank you for your help.