Never Married and No parenting plan

[TNRidgrnr]

What is the name of your state (only U.S. law)? TN

Couple never married has a child in '01. They seperate in '04 and never go through a formal custody hearing or parenting plan. They mostly split there time 50/50. She refuses to hold a job and her annual income is no more than $3,000. Dad's is $32,000 a year. Child's school address on registration is Dad's. Dad has proof of daycare for the child care credit. Mom has paid nothing. Dad has mortgage statement proving his residence that is the same as on child's school registration. State Health insurance sends EOB for child to Dad's address. Tax year '06 was first year they fought over dependency. Both claimed child and both received refunds. Same holds true for '07 and now '08. Dad received deficiency letter from IRS in Mar. '08 for the '06 tax year, Appealed to Tax Court, made his own petition and sent in school, daycare, mortgage and health insurance evidence to court. Aug. '08 dad received court documents showing that the IRS and Tax court had ruled in his favor for '06 and his 1040 was correct as originally filed, NO DEFICIENCY.

What will happen for '07 and '08. Nothing has change as far as circumstances, school info, wages, or time spent with child. She claimed EIC and Head of Household for all years. When dad found out this year that she had already claimed child (e-file) again for '08 he sent in all supporting evidence (school registration, health info, and child care info and ruling from tax court concerning the '06 tax year) and paper tax return. He just received his refund in way of a check.

What is going to happen to her?
Is Dad still in danger?
Will she be able to claim EIC for '07 and '08 if '06 return for her was wrong?
Any answers would be greatly appreciated.


Thanks,
Amy

 

[davew128]

What will happen for '07 and '08. Nothing has change as far as circumstances, school info, wages, or time spent with child. She claimed EIC and Head of Household for all years. When dad found out this year that she had already claimed child (e-file) again for '08 he sent in all supporting evidence (school registration, health info, and child care info and ruling from tax court concerning the '06 tax year) and paper tax return. He just received his refund in way of a check.

What is going to happen to her?

Crystal ball is fuzzy. Try again later.

Is Dad still in danger?

Interestingly enough, when I went in for a doctor visit recently I was asked the same thing. I raised an eyebrow and asked the nurse to take a good look at me. Apparently the Nanny State Republik of California feels all medical patients should be interviewed for potential domestic abuse, even for a routine exam. On the other hand, I can proudly say I didn't vote for any of those klowns in Sacramento.

Will she be able to claim EIC for '07 and '08 if '06 return for her was wrong?

She can claim anything she wants. If the issue has been litigated in prior years, Dad was upheld on his position by the Tax Court and the circumstances haven't materially changed. By definition only one of two separated parents can be a custodial parent. Ultimately it will catch up with her and she'll owe a lot of money and probably be barred from claiming EIC again IIRC the EIC rules correctly. Personally, I'd like to see someone like that get locked up although it would never happen.

 

[TNRidgrnr]

Thanks for the reply!! Yeah nothing has changed. She still doesn't have a job, she still hasn't paid for any child care stuff, and at most her income was $3,000 or less for the entire year. I took the fast-tract with the tax court for the '06 year that states there is NO APPEAL rights after a judgement is made. Thanks again!! I'm the wife of the dad and I did ALOT of research prior to claiming the child on his income tax. I was ELATED to find that I had proven our point and was able to provide all the documentation. And they said I couldn't do it without a TAX LAWYER!!! HUH!!!

Amy

 

[TNRidgrnr]

Let me rephrase!?!

Crystal ball is fuzzy. Try again later.

Interestingly enough, when I went in for a doctor visit recently I was asked the same thing. I raised an eyebrow and asked the nurse to take a good look at me. Apparently the Nanny State Republik of California feels all medical patients should be interviewed for potential domestic abuse, even for a routine exam. On the other hand, I can proudly say I didn't vote for any of those klowns in Sacramento.


She can claim anything she wants. If the issue has been litigated in prior years, Dad was upheld on his position by the Tax Court and the circumstances haven't materially changed. By definition only one of two separated parents can be a custodial parent. Ultimately it will catch up with her and she'll owe a lot of money and probably be barred from claiming EIC again IIRC the EIC rules correctly. Personally, I'd like to see someone like that get locked up although it would never happen.

What could happen to her?


Since I went with the short track through the tax court, will she be able to appeal since the verdict was made in HIS favor?


I'd love to see her get locked up too. Him and I both work full time jobs to support our family including his sone that has Down Syndrome and for her to feel like she DESERVES the MASSIVE tax refund she gets for having LESS than $3,000 AGI and not supporting her son is sickening!!!

 

[davew128]

What could happen to her?

Could get hit by an asteroid. It happens.

Since I went with the short track through the tax court, will she be able to appeal since the verdict was made in HIS favor?

She has the same appeal rights as much as any other third party to the court case: As in none.

I'd love to see her get locked up too. Him and I both work full time jobs to support our family including his sone that has Down Syndrome and for her to feel like she DESERVES the MASSIVE tax refund she gets for having LESS than $3,000 AGI and not supporting her son is sickening!!!

I think you need the psychological help forum, not the tax forum.

 

[LdiJ]

What could happen to her?


Since I went with the short track through the tax court, will she be able to appeal since the verdict was made in HIS favor?


I'd love to see her get locked up too. Him and I both work full time jobs to support our family including his sone that has Down Syndrome and for her to feel like she DESERVES the MASSIVE tax refund she gets for having LESS than $3,000 AGI and not supporting her son is sickening!!!

The worst that can happen to her is that she will have to repay the excess refunds that she received, with penalties and interest.

However, since her income was 3000.00 or less each year, she did not receive any huge amount of refund, therefore she would not have a particularly huge amount of money to repay.