Misuse of SSN for Tax purposes

[iflylow74]

What is the name of your state? Arkansas

I've been divorced since January 1995. I was awarded full custody of my child subject to my ex-wife's right to reasonable visitation. She has not seen or called my child since 2002. Starting about 1997, someone (im assuming my ex) would claim my sons SSN as a dependent. This happened every year. About 2000 or so, I recieved a letter from the IRS stating that I had claimed a SSN as a dependant that someone else was using. It further stated that if I was correct in claiming my child that I didnt have to do anything. I remarried in 2002 and every year we go through the same thing, we try to e-file and it gets rejected because my childs SSN has already been claimed. Late last year, we recieved another letter from the IRS asking us to prove that I had custody and supported my child. They asked for a copy of our marriage liscense, my childs birth certificate, divorce decree showing I was awarded custody and a letter from the school stating my child was a student there among other things. We gladly sent in everything they asked for. A week ago, we recieve another IRS letter stating that we owe $2500 from tax year 2006 because we didnt send in everything they wanted (which we did). They also asked for more proof that I have custody and supported him. I am in the process of getting everything together. I spoke with the IRS person listed on the letter and asked if they were investigating my ex which of course they could not answer. When asked, the IRS person stated I would probably have to go through this every year. My question is, is there anything I can do to stop this from happening every year? Shouldn't the IRS be investigating my ex as well?It seems they've decided that I am guilty until proven innocent. I can only assume its because I am a man and its unusual for men to get full custody.:

 

[LdiJ]

What is the name of your state? Arkansas

I've been divorced since January 1995. I was awarded full custody of my child subject to my ex-wife's right to reasonable visitation. She has not seen or called my child since 2002. Starting about 1997, someone (im assuming my ex) would claim my sons SSN as a dependent. This happened every year. About 2000 or so, I recieved a letter from the IRS stating that I had claimed a SSN as a dependant that someone else was using. It further stated that if I was correct in claiming my child that I didnt have to do anything. I remarried in 2002 and every year we go through the same thing, we try to e-file and it gets rejected because my childs SSN has already been claimed. Late last year, we recieved another letter from the IRS asking us to prove that I had custody and supported my child. They asked for a copy of our marriage liscense, my childs birth certificate, divorce decree showing I was awarded custody and a letter from the school stating my child was a student there among other things. We gladly sent in everything they asked for. A week ago, we recieve another IRS letter stating that we owe $2500 from tax year 2006 because we didnt send in everything they wanted (which we did). They also asked for more proof that I have custody and supported him. I am in the process of getting everything together. I spoke with the IRS person listed on the letter and asked if they were investigating my ex which of course they could not answer. When asked, the IRS person stated I would probably have to go through this every year. My question is, is there anything I can do to stop this from happening every year? Shouldn't the IRS be investigating my ex as well?It seems they've decided that I am guilty until proven innocent. I can only assume its because I am a man and its unusual for men to get full custody.:

Its not just because you are a man. In the last couple of years I have seen CP mom's and intact families have to go through the same thing.

Keep a full copy of everything that you send to the IRS, plus all of the correspondence from them, all together in a safe place. If this round of documentation doesn't solve the problem, then go to the taxpayer's advocate with copies of everything.

 

[iflylow74]

Its not just because you are a man. In the last couple of years I have seen CP mom's and intact families have to go through the same thing.

Keep a full copy of everything that you send to the IRS, plus all of the correspondence from them, all together in a safe place. If this round of documentation doesn't solve the problem, then go to the taxpayer's advocate with copies of everything.

This is probably a dumb question but what is the taxpayers advocate?

 

[TinkerBelleLuvr]

Tax Advocate

http://www.irs.gov/govt/tribes/article/0,,id=179524,00.html

What is the Taxpayer Advocate Service and how do I contact them?

The Taxpayer Advocate Service (TAS) is an IRS program that provides an independent system to assure that tax problems, which have not been resolved through normal channels, are promptly and fairly handled. Each state has a Taxpayer Advocate to assist that state's taxpayers.

If you have an ongoing issue with the IRS that has not been resolved through normal processes, or you have suffered, or are about to suffer, a significant hardship as a result of the application of the tax laws, contact the Taxpayer Advocate.

To reach the Taxpayer Advocate, use one of the following methods:

Call the telephone number listed for the office closest to you. The telephone number of each local Taxpayer Advocate office can be found in Publication 1546, The Taxpayer Advocate Service of the IRS. The same telephone number is also listed in the Blue Pages of your telephone directory.
Call the Taxpayer Advocate’s toll-free telephone number: 1-877-777-4778.
Call the general IRS toll-free number (1-800-829-1040) and ask for Taxpayer Advocate assistance.
Write or FAX – Addresses and FAX numbers for Taxpayer Advocate offices are listed in Publication 1546, The Taxpayer Advocate Service of the IRS.
TTY/TTD help is available by calling: 1-800-829-4059.

http://www.irs.gov/advocate/

They are there for taxpayers with problems with the IRS.

 

[iflylow74]

http://www.irs.gov/govt/tribes/article/0,,id=179524,00.html



http://www.irs.gov/advocate/

They are there for taxpayers with problems with the IRS.

Thanks Ginny J.

One more question, could I sue my ex to make her stop using my son's SSN? Or could a judge grant an injunction against her to make her stop? Surely there is something that can be done.

 

[tuffbrk]

And just an FYI....squeaky wheels get the oil at your local advocate's office. Contacted mine on 12/10, just heard back from them on 2/18 - I was told the delay was because squeaky wheels get the oil - and presumably I was not squeaky enough....

 

[tuffbrk]

Thanks Ginny J.

One more question, could I sue my ex to make her stop using my son's SSN? Or could a judge grant an injunction against her to make her stop? Surely there is something that can be done.

Well not for nothing but what does your divorce decree state regarding claiming the exemption for your child?

 

[iflylow74]

Well not for nothing but what does your divorce decree state regarding claiming the exemption for your child?

The only thing it says is that I am awarded full custody subject to her right of reasonable visitation. No mention of claiming him.

 

[LdiJ]

The only thing it says is that I am awarded full custody subject to her right of reasonable visitation. No mention of claiming him.

Then that automatically gives you the right to claim him.

Again, I advocate using the taxpayer advocate if this round of paperwork doesn't solve the problem. It would also help to get a copy of the child's medical records to show that the doctor has the child living at your address and you being the responsible person for the child...same with the dentist or any other outside source.

 

[iflylow74]

Then that automatically gives you the right to claim him.

Again, I advocate using the taxpayer advocate if this round of paperwork doesn't solve the problem. It would also help to get a copy of the child's medical records to show that the doctor has the child living at your address and you being the responsible person for the child...same with the dentist or any other outside source.

Thank you for the advice. I am in the process of getting all the paperwork they requested together. I will let you guys know when I find out what they say.