I need a Tax Attorney!!!

[Mommi2fivekids]

What is the name of your state? FL

I am going to make this as brief as I can. I was married with 3 kids. I got divorced and got back with an ex who is the biological father to my second child. (yes I had an affair thats irrelevant and a whole other story).
The point is we filed our taxes and my boyfriend claimed me and my son (his son too) this was agreed by my ex husband. This was in 2002. He claimed head of household and us as dependents. The IRS took away his filing status and said we owed $4000. We argued and appealed. In 2003 we started a business and had another child. We filed our taxes with him again claiming head of household with the 3 of us as dependents. The IRS AGAIN took away his filing status and took away his dependents and said we owed $4800 for that year. During this time they garnished his wages for the 2002 debt, even though they were supposed to be getting back with us on this matter and didnt. We went to an accountant to straighten this out hopefully. She sent the IRS paperwork and never got a response from them. She also never filed our taxes for 2004, supposedly she was waiting for them to respond.
We then incorperated our business and had another child. We have not filed taxes since 2003. All my receipts for 2004 are with my accountant who will not return calls and is never in her office. Yes I realize I need a new accountant and now I believe I need a lawyer.
My question is how do they have the right to take away someone filing status and change an entire return without getting more facts? How do they have the right to keep ignoring our situation and trying to get money out of us when we dont owe any if they would accept his status and dependents? How do they have the right to take away dependents? What in the world do I do now? I keep my own records which are very detailed to the last penny we spend on everything. So what am I doing wrong and how do i fix this situation before I go to prison!!??
Any advice is appreciated and welcomed.What is the name of your state?

 

[tranquility]

My question is how do they have the right to take away someone filing status and change an entire return without getting more facts?

Yes. You generally have the duty to prove things claimed on your return.

How do they have the right to keep ignoring our situation and trying to get money out of us when we dont owe any if they would accept his status and dependents?

The IRS doesn't usualy ignore things. It's not entirely clear what is happening as it's not easy to understand *exactly* what is happening. Call the taxpayer advocate and see what is going on. Get back to us after you find out what is happening from their point of view.

How do they have the right to take away dependents?

They have the right to deny invalid or unproven claims.

You are not going to jail over this, but you may have to pay more money. There have been recent changes regarding dependents. Also, the IRS just put out "tie-breaker" advice as to how they decide who will get to claim a dependent if more than one person does so.

I'd get a new accountant. I'd call the taxpayer advocate to find out exactly where you stand. I'd give them whatever documentation they want. I'd stop trying to explain to them what you want them to know, and give them what they ask for.

 

[Mommi2fivekids]

Thats the point they havent ASKED for anything. They changed his returns and then sent us a bill....period. We have talked to them on the phone and they say they will get back to us and never do. How can you possibly say that i will not go to jail for this? I have not filed taxes in 3 yrs because I dont know what to do. We are now an LLC corporation. It is my understanding that eventually they will come after us for tax evasion. We are also not making payments on the years they say we owe for.

 

[AL HR]

Let me make sure I understand. You're boyfriend is filing married with you and the children as his dependants? I am by no means a tax accountant, but how would that work? I thought you could only do that if 1) you are actually married or 2) common law married that is recognized by the state.

 

[Mommi2fivekids]

No he is not filing married he is filing head of household. Because he is. Yes he is claiming me and the children as his dependents because we are. My ex husband is claiming his own 2 children on his own return.

 

[tranquility]

I apologize. I did not read your post that carefully. You do have problems in that you, or your boyfriend have not filed in so long. Why don't you file?

As to them never asking you, that's just silly. They sent you a notice that revised the return. On that notice they gave you a procedure for how to respond. You did not respond that way and are now complaining--after years--they are not doing doing their job. Have there been any other letters? If after all that time they have not contacted you again, you need to call the taxpayer advocate and ask what is happening. Look up the number at the IRS website. Don't just call the 1040 number--talk the advocate and find out the status.

File your returns. Call the man. Pay the money. Get a new accountant. Sue the old one.

 

[LdiJ]

Ok...I am going to add some things here.

It may be way too late to do anything about 2002. However you still have time to do something about 2003, and you absolutely need to get 2004 and 2005 filed ASAP.

Do the children's birth certificates reflect that your boyfriend is the father? What your boyfriend has to prove to the IRS is that he really is the children's father, and that they really do live with him.

Take everything to a new tax professional. Lay it all out on the table.

I would attempt to amend both 2002 and 2003 to put you and the children back on the returns, and to give him back head of household status. (it may not work for 2002) I would include proof that the children are his. Copies of their birth certificates showing him as the father would be ideal. A letter from you stating that the children are his and that you all reside with him. If you are on the lease provide a copy of the lease. Provide copies of the children's medical records proving that you are living there...daycare records if available etc.

Also get 2004 and 2005 filed and provide the same evidence up front. Make sure that each return is sent in separately. File 2006 ON TIME.

This is what should have been done from the very beginning.