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Tax Court Crisis

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amomirian

Junior Member
What is the name of your state? FL

I am going before the tax court without a leg to stand on.

I am the father of 3 minor children for which I am the secondary custodial parent. I pay over $900 in child support which the state of Florida has determined to be 72% of the sharred support.

I cannot claim them as my dependents because the IRS requires that I get permission from my ex wife. She lives in section 8, 3BR house, receives food stamps, and medicaid. Her boyfriend quit his job and now lives in the house with her, with everyone living off of my child support. On top of that, she files a 1099 claiming that she did some work and receives a tax refund and earned income credit and child tax credits.

I can't deduct the child support, but have to pay taxes on the money.

Where are my 5th amendment rights to prove that I am the one providing the support and thus should be the one who can claim my children?
 


abezon

Senior Member
Zip.

Congress doesn't care who's paying the support. The custodial parent gets to claim the kids unless the CP signs a form allowing the NCP to claim them, or the court awards the dependency exemptions to the NCP. Since your ex has little to no taxable income, the court would be inclined to award the dependency exemptions to you & force her to sign the form. You could then attach a copy of the form or the court decree to the return every year.

Were you married to this woman? If you were never married, the IRS originally took the stance that the parent who paid over 1/2 the support got to claim the kids. The tax court nixed this interpretation for 2004, but it might help you for the earlier years. I doubt it, but it might help.

BTW, since you know you don't have a leg to stand on, if you insist on clogging up the tax court docket in an effort to delay payment, the court can impose sanctions on you for bringing a frivilous case. You may want to slink quietly away.
 

amomirian

Junior Member
What about the constitutionality of the law? Is it applied fairly to all? What about my Due Process? I find it unreasonable that I cannot establish the fact that I do indeed provide over 50% of the support of my children?
 

Snipes5

Senior Member
What does that have to do with the Fifth Amendment? I thought the Fifth Amendment was the one that gave you the right to keep your mouth shut, no?

Why are you going to tax court anyway? This is something that should have been resolved in family court.
 

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