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Both Parents Claimed Exemption for Child


Pohangtom

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The non-custodian parent claimed the child even though the parent having custody did not sign the release form. The E-File was rejected. My client stated that he X husband was deliquent for a number of years in child support. How should I handle this situation. Advised my client to sent the return by mail and claim the child and let IRS decide or should she call them before filing by mail since I cannot file her return using E-File.

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That is basically your only option.

I have had this come up. The courts placed a child with my clients and appointed them legal guardians. Every year when I would go to file the return, the childs social security number had already been used. We paper filed the returns and then towards the end of the year we would get a letter from IRS requesting additional information regarding the child. We sent them court documents showing guardianship and other documentation and each time my clients prevailed.

Your client will have to furnish proof at some point that they were the custodial parent. Usually IRS will request school records, leases that include childs name, doctor records, ect... Any documentation your client can get that shows their name and the name of the child with the same address is basically what they will be needing to offer proof.

Not a pleasant road ahead, but it can be done!

Deb!

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