grrr Frustrating

[wendl]

Well I get a call from the tax lady today, (we were going to e-file)

Well seems bm has claimed both kids again (3rd year in a row)

DH's court orders states he may claim oss if he is current on cs which he has NEVER been late.  She just started doing this in 2001 when she found out dh and I were getting married.

I hope we get audited then we can show not only does the court order state that dh claims oss BUT also that dh has provided over 50% of the income for the kids in 2001 and 2002 not sure yet about this year.

Just frustrating so now we must mail in our income tax and hope they will audit us.

[richiejay]

So, are you also claiming?...You should if that what court order states...

[wendl]

Yes dh claimed oss in 2001 and we just filed our 2002 and 2003 claiming oss per our right in the court order.

I know this happened to my sister, her ex claimed the kids when he wasnt allowed, it took the irs 2yrs to figure it out. My sisters ex had to pay the monies back plus 2yrs of interest, so hopefully this will happen to dh's ex.

[Kitty C.]

We're waiting for the same thing to happen to our PBFH.  But we've found a way to circumvent her trying to claim SS again:  Filing first and as soon after Jan. 1 as possible.  For the last 4 years, I've had our taxes done and in by no later than the first week of Feb.!

After the PBFH claimed SS (AFTER we did), we were both notified by the IRS that they were aware of it.  That if we had filed correctly, to disregard the letter, but if we had filed incorrectly, we had to fill out the enclosed form.  I called our local IRS office, explained the situation, and the agent told me that whomever files first, gets the refund, so she suggested getting it in ASAP after the first of the year.

This was 2 years ago too, and we've heard nothing again from the IRS about it, nor do we know if the PBFH has tried it again (I don't think so).  I do know that the wheels of the IRS bureacracy turn very slowly, but there ARE certain great advantages to that!  If and when they finally do catch up with her, the fines and penalties will be astounding, LOL!

One other thing that the IRS agent told me is that both our returns will probably be flagged for some time, but I'm not worried about that.  They can audit us if they want to.......we've got nothing to hide!