I'm curious about a situation. My step-brother has a son that was born 10/2001. His ex wife and I are close and she has already filed her taxes and received a refund on her other two children. The father doesn't work and I do a lot for him and my nephew. Clothes, food, and other expenses are provided.

My question is can I file him on my taxes? If so, what documents can I use to receive EIC? I have spoken with the mother and my step brother, both are okay with this. They were actually the creator of the thought.

Can someone help me out? I have a tax extension until May 23. I Thank you in advance.

You would not be able to claim him on your taxes like that. The mother or father must claim him for the EIC. Sorry. You could use him as a deduction though if he lived with you for 12 months of the year. If you just contributed food, etc. then no, you can't even do that. Sorry.

To claim a dependent, you must be the one you can claim the child. If someone else can claim the child (and does not claim it), you can not claim the child.
Read: Your U.S. Tax Return: Requirements for claiming a dependent