Child support

[Sparrow1042]

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

For years I have been adding my child support on my taxes on line 21 as "other income." I titled the income as CHILD SUPPORT. I did this because I was told by a tax preparer years ago that this is where other incomes go. I did not know that child support was not considered taxable income until this year. This has been going on for about 10 years. Will I be able to hire a lawyer to get back this money from the IRS? I know this seems far fetched but I had to ask. I labelled it child support how come it was not picked up? Everything else is the other way around.

 

[davew128]

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

For years I have been adding my child support on my taxes on line 21 as "other income." I titled the income as CHILD SUPPORT. I did this because I was told by a tax preparer years ago that this is where other incomes go. I did not know that child support was not considered taxable income until this year. This has been going on for about 10 years. Will I be able to hire a lawyer to get back this money from the IRS? I know this seems far fetched but I had to ask. I labelled it child support how come it was not picked up? Everything else is the other way around.

So amend the last 3 years to remove the income. As for it "not being picked up" YOU made the determination it was taxable.

 

[dmcc10880]

You can only recoup for the years within SOL. You can amend for 2007, 08 and 09 and file accordingly for 2010.

 

[TinkerBelleLuvr]

She has until TOMORROW to amend 2007.

 

[dmcc10880]

She has until TOMORROW to amend 2007.

And besides the obvious, your point is?

She can also file a protective claim to keep 2007 open.

 

[TinkerBelleLuvr]

The point is that if the OP comes back, she would understand the URGENCY of filing said amended tax return.

 

[davew128]

She has until TOMORROW to amend 2007.

100% FALSE. 2007 expired on Friday the 15th.

 

[dmcc10880]

The point is that if the OP comes back, she would understand the URGENCY of filing said amended tax return.

Totally understood. Fact of the matter is, it's likely a very small amount of money based on support versus ETR.

 

[davew128]

And besides the obvious, your point is?

She can also file a protective claim to keep 2007 open.

Which is what an amended return is......

 

[TinkerBelleLuvr]

100% FALSE. 2007 expired on Friday the 15th.

Could you be so kind as to explain why NOT the 18th (this year's filing deadline) instead of the 15th? Not questioning, but trying to understand. I have always understood the deadline to be the one for that year.

 

[dmcc10880]

100% FALSE. 2007 expired on Friday the 15th.

100% incorrect. 4/18 this year leaves 2007 open.

Protective claim is not an amended return. Protective claim puts taxing authority on notice. Amended return is just that- an amended return.

 

[Sparrow1042]

Re: child support

I did make the determination it was taxable so I do understand your point. As for the useable advice, do I file a protective claim with the IRS or do I need a lawyer. I am hoping to recover 3 years but according to what I just read, I might only get to recover the last 2 yrs.


As for the amount being just a little, correcting this year brought me an additional 2500.

Thanks, E

 

[TinkerBelleLuvr]

Get an amended return done quickly. Dave is normally spot on with tax info, but I've always understood the deadline to be the last filing tax day. The IRS may be able to answer that question today.

You may also want to research www.irs.gov for further information.

 

[dmcc10880]

At least amend your return for 2007 today/tomorrow. Then worry about 2008 and 09 sometime in the next year. For 2010, file accordingly. No need for an attorney.

 

[Sparrow1042]

Re: child support

Thank you all. I am going to file a 1040x, best I learned that is the form I need to use. I will do this for 2007 tomorrow and worry about the other years in the next few days or so. I really hope this works.