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Dependent or not?


Janitor Bob

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My client is 22 and has a girlfriend. Girlfriend (age 19) has no income for 2008 and lived with boyfriend all year in his apartment. Their relationship is not in violation of local laws.

Girlfriend is not on unemplyment and received all of her support from boyfriend.

It appears that he can claim her as a dependent as a qualifying relative

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Bob, I had an ex-client call and ask me to do his return...he wanted to claim his girlfriend and her two children, who, when I got really specific, told me that they "essentially lived with him all year". Then he casually mentioned that his "girlfriend" is still married and her husband is in prison and the father of the children, who is not the prisoner but another ex, wanted to claim them. I "essentially" told him to have someone else take care of the return, I didn't have time. Then he said that HRB turned him down, that really more than essentially did him in.

AnnieR

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Yes...but something just does not seem right....How far am I obligated to dig?

You are not 'obligated' to dig, JB. If you don't feel right about it, just decline to do it. One return fee lost will not lose you as much sleep as one return that you feel uncomfortable about will. While it is not your responsibility to audit the client before you do the return, when one does not 'feel right', it is usually because it is not right, and your good senses are picking up on an evasive answer or some such detail.

If you do decide to do the return, get him to sign a written statement that both the GF and her child or children lived with him ALL YEAR, and that he provided all the support. That covers you if he is audited, and tries to tell the auditor that he did not know, but you told him to claim them.

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