Tax Return Question

[TinkerBelleLuvr]

I have lots of respect of the IRS. Unlike our constitution where we are innocent until proven guilty, they sure seem to operate on a different wave length.

 

[StampGirl]

The other thing is that I filed my taxes back in Jan. Why didn't this come up now?

I thought it had something to do with the Ex because his paperwork was filed a few months ago due to him forgetting the form I had to sign.

 

[TinkerBelleLuvr]

It's just a timing thing. Once the influx of tax returns are done, then, the cross-referencing starts happening.

I'm picturing a 1040 right now. Under filing status, you should have checked box 4 - Head of Household. WHO did you list as the dependent who qualified you for HOH? Which child?

Instructions for 1040, see page 13
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

You were working in 2007, right?

 

[StampGirl]

It's just a timing thing. Once the influx of tax returns are done, then, the cross-referencing starts happening.

I'm picturing a 1040 right now. Under filing status, you should have checked box 4 - Head of Household. WHO did you list as the dependent who qualified you for HOH? Which child?

Instructions for 1040, see page 13
http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

You were working in 2007, right?

Yes I was. Not sure which kid I claimed!! Id have to look at the form. I sent you a pm.

 

[LdiJ]

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

I have a question regarding my income taxes for 2007. Here are the facts:

1. Court order states that Ex can claim all three children as tax dependants. Verbatim the court order reads: "Custodial parent (me) shall sign any and all documents relating to child dependancy in regards to filing any and all tax income statements. NCP (ex) is allowed to claim all three minor children as dependants until each reaches the age of 18yrs old. This is subject to modification." **This was done as at the time of the agreement back in 2004, I was not working. It is modifiable in the event I am employed full-time. I have held a full time position for the last 2yrs but have not taken this issue back to court.

2. After consulting with various tax attorneys here and otherwise, 2 family law attorneys and also an IRS agent (faxed my court order and had her help me), I claimed Head of Household on my income tax for 2007. I was informed that I could do this as my Ex is married etc.

3. I receive paperwork from the IRS asking me to verify my Head of Household status to "see if I used it incorrectly". This freaks me out.

My question is this: Did this get red flagged because my ex actually filed head of household and thus filed seperately from his wife (that doesn't make sense) OR is it because I have never filed HOH before, OR did it get flagged because I claimed HOH and did not claim the child dependant claims (which I am definetly not able to do).

Thanks

It didn't get red-flagged, you just got randomly chosen for a "mini-audit". Its too early in the year for the IRS to be sending out anything regarding duplicate claims.

 

[TinkerBelleLuvr]

Ldij, I figure she got "selected" because she was able to name a child, but she doesn't have the child listed anywhere else in her return, such as Child & Dependent care credit, EIC, etc.

And no, she didn't claim the exemption, or the child tax credit.

 

[StampGirl]

Ldij, I figure she got "selected" because she was able to name a child, but she doesn't have the child listed anywhere else in her return, such as Child & Dependent care credit, EIC, etc.

And no, she didn't claim the exemption, or the child tax credit.

I did claim EIC but maybe I claimed the two older girls and used the younger one for HOH. Heck I don't remember LOL

 

[LdiJ]

Ldij, I figure she got "selected" because she was able to name a child, but she doesn't have the child listed anywhere else in her return, such as Child & Dependent care credit, EIC, etc.

And no, she didn't claim the exemption, or the child tax credit.

I doubt it. Honestly, they don't start sending out letters regarding duplicate claimings until late November/early December. I am certain that this is nothing more than her getting randomly selected. They are selecting a higher percentage of people to randomly check.

If it had anything to do with her selecting the wrong child for head of household status, they would be auditing more than just the EIC.

OP, you need to prove that the child you selected for head of household status is your child, (birth certificate and custody orders) lives with you (school/medical/church records), that the home is your home (lease/mortgage/utilities paperwork in your name only)