Taxes being reviewed for denied EIC

twinkiedooter · Jan 10, 2008, 06:35 PM

Why was daughter disallowed? You did not state this. There is no way to prod the IRS along on anything. They take their sweet old time deciding anything.

mom3x · Jan 10, 2008, 06:57 PM

She was removed on her fathers 04 and 05 taxes because we were not married and I did not want to file jointly aned become common law married in our state. I claimed my 2 boys like I always have and let him claim our daughter. It went through in 03 but he usede rapid refund in 04 and was flagged. She did not attend child care and the Dr. Information was in my name. I don't know many dads that solely take their children to the Dr. So we had no acceptable proof to claim her. I think its terrible. She costs us the most yet we can't claim her

AtlantaTaxExpert · Jan 10, 2008, 07:54 PM

Mom3X:

It has NOT yet been decided for sure.

Further, if she is disallowed, you can appeal.

You MAY want to get professional help, like an enrolled agent.

twinkiedooter · Jan 10, 2008, 07:56 PM

If you are not married and have claimed your boys why would you not be able to claim her. Have you just been "letting" him claim her or is he just doing this on his own without your say so as he has got to stop doing that if you have full custody of her. They get pretty fussy with the EIC exemptions and that's why he got flagged in the first place.

Does she live with you more than 6 months of the year? If she does she should be your exemption, not his unless you have given him permission (or you two have some kind of agreement that permits him to do this) then there should be no problem. EIC does not mean the child has to go to daycare either. It means that the child lives with you and your income falls into the guidelines where the government offsets this child with a tax credit and you are eligible for money either taken off your taxes or money given to you as you made their guidelines money wise. Also her age comes into play in this as well. Is she under the age limit to be able to qualify you for EIC deduction?

mom3x · Jan 10, 2008, 08:36 PM

It was a mutual decision of ours. I felt like he deserved to be able to claim her since he is her father. It would've been unfair for me to claim her also considering the third child does not really count for EIC I have been told. No, children do not have to attend childcare facilities to be elidgeable for EIC that was just one of the ways the IRS stated we could prove she was taken care of by her father. They would also accept School records or Dr. Records.

AtlantaTaxExpert · Jan 10, 2008, 08:47 PM

Okay; let us know what the IRS decides.

mom3x · Jan 10, 2008, 09:05 PM

So you're telling me that the average American isn't able to get results by themselves when dealing with the Irs? I think that's a shame. Not everyone is trying to deceive the Irs. Nor can I afford to hire help to get the money owed to me. It's a messed up situation.

twinkiedooter · Jan 10, 2008, 09:43 PM

Looks like you'll have to start claiming her if you want the EIC credit if they rule against you. He can still claim her if he wishes but can't do the EIC thing and get the extra money. I don't know what her share of the EIC refund would be as you have 2 other kids on your refund as well but you could give this portion to her father if you feel so bad about everything and want to help him out. That's a possibility for you.

The IRS as I said is rather touchy about the EIC deduction and they're the ones who made the rules. And yes, a lot of people like to try and sneek by the IRS doing things they should not do and honest folks are the ones who end up getting hurt.

AtlantaTaxExpert · Jan 11, 2008, 10:55 AM

Mom3X:\

I PM'd the IRS URL for the Tax Advocate, as well as the toll-free phone number.

However, having re-read all the above posts, I believe the IRS suspects that you and your daughter's father are trying to perpetrate EIC fraud by having HIM claim your daughter and request the EIC even though she lives with you. That is why they want the school and doctor records, as those records usually indicate WHERE the child is living.

If the father is providing more than half of his daughter's support, he CAN claim her as a dependent, no problem. But to get the EIC, she MUST live with him as well.

Taxes being reviewed for denied EIC

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