tax question

[bananas]

My SS called tonight and said he got a letter from the IRS.  Apparently, there's a discrepancy on the tax filing for 2002.  SS turned 18 in June, 2001, but didn't graduate from high school until 2002.  As a result, we paid CS on him until he graduated in 2002.  SS was also working, and filed his own tax return.  On our 2002 tax return, we claimed SS as a dependent, since we paid CS on him for part of the year.  Now the IRS is sending SS a letter, I guess saying someone else claimed him and that he needs to file an amendment to his tax return.

SS says that if we paid CS for six months or more, then we can claim him, but if we paid for five months or less, then we can't.  Anyone know if this is true, or where I can find out?  We are trying to find out first of all if we paid for six months or not, but my hubby can't find the ONE paystub he needs to verify it.  In the meantime, if anyone can help, it would be GREATLY appreciated.  Thank you!

[ksswthrt74]

Ok..What month did SS graduate HS? If it was May then it would be only 5 mos...if it was in June then 6 mos. I believe he would've graduated in May. Depending on where you are. Go to  //www.irs.gov and see if they can help you there.

[cozicare]

I was under the impression that unless you had custody (sole) or 50/50 custody with CP giving you permission to claim son as dependent that you could not claim him?  If I am wrong.....please tell me so....all this time I could have been "claiming" the summer Day Camp expenses for my SS on our taxes, etc.

[bananas]

Turns out, it doesn't really matter how long we paid child support that year.  I went to //www.irs.gov and found the five tests used for determining whether you can claim someone as a dependent.  Hubby meets the criteria.  So what SS was telling us about us having to pay CS for six months was wrong.  It says that the dependent must have attended school full time for five months, which he did.

Thanks a ton for your help!

[bananas]

Hubby does not have custody, but his divorce decree states that he claims SS on his taxes as a dependent.  The mother claims SD.  If this wasn't written into our decree, then the mother could claim both of them since she has custody.  

Hope that helps.

[cozicare]

I wish my DH decree would let him claim my SS atleast every other year...but alas, PBFH has Sole Custody...only cause when they divorced, he was in Military and agreed to that.  We took her back to court years later to get custody or even just "joint" but the MORON judge made NO modifications.  Even given all the mounting TERRIBLE evidence we had of her being a poor MOther, etc.  Sometimes the good guys just don't win...atleast not in this life/world.

[MKx2]

.

[cozicare]

One can only hope !!! (and pray!)

[mom2mtj]

My son's father and I switch years we claim him on our taxes. But on the years I don't claim him, I can still file for daycare credit. Just because I don't claim him, doesn't mean I don't get that credit. I don't know if summer daycamp is considered daycare though. You also have to get their Fed Tax ID #. Good Luck.