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| *Ostroff, Fair and Company>>>United States Taxes |
Important tax question...? |
ok...heres the deal...my mom filed me as a dependent on her 2006 tax return. i only lived with her from jan 1 to may 6 of 2006, i paid her rent, and paid her for gas. i also moved out of the state on 7 may and got married on 30 june. i sent a letter in to the IRS refuting her claim...does anyone know what kind of chance i have that the IRS will rule in my favor and let my husband claim me instead of her since i was his dependent longer than hers? serious answers only please. If you are married as of December 31, 2006, and you and your spouse together have a tax liability and are required to file, then you cannot be claimed as a dependent. You do not need a ruling from the IRS, so don't wait for one. If you have not filed yet, the letter doesn't mean anything. You and your spouse need to file a paper (mail-in) return as married filing jointly. The IRS will then determine that your mother could not claim you as a dependent, and she will receive a letter which recomputes her tax. So, file that return right away. Both should be able to claim you for a partial year. IRS will definitely rule in your favor. Your Mom will get audited and likely have to pay a penalty.....if you are OK with that, I am OK with it. Actually, I am OK either way. I don't know for sure, I'm only guessing. The IRS will probably audit her. there is some criteria that states you can't claim someone willingly if you didn't support them more then 50percent of the tax year....so most likely sense you paid her rent and you moved out and supported yourself the rest of the 8 months.....then your husband will be able to claim you as a dependent..... What are knit picking for. Give it to your mom. Then your man can claim you for the rest of his life. You will have a problem if you try and efile. It is likely that your efile would be rejected if your mother already filed and claimed you. However, you can file a paper return together as Married. You would file joint with 2 exemptions, not as your husband's dependent. The refund may be delayed until the issue is reviewed at the IRS Service Center. You may have to provide some documentation to IRS Another option is to ask Mom to file a 1040X dropping you from her return. If she does not, she may be subject to additional penalty and interest. Good Luck! |
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