My child died last Feb. and when I want to file taxes and claim my son IRS kicked it out saying someone else had already claimed this child on their taxes... we have been through so much this year with the loss of our son I can't understand how this could happen. Is there anyway we can find out who did this... and this is also going to delay our refund which we needed now... any advice would be helpful... thank you

Did the IRS ask you for proof of your claim and did you provide documents with your return? Did you file joint or single ?

If you are unable to efile, file paper return. IRS will contact both you and the other tax-filer. One of you will have to amend the tax return and pay the tax due.

I did provide the correct documents but had to file paper return. Will I ever be notified of who the person is that claimed him? I filed
Jointly with my husband and father of our son.

Probably not, because the claim may have been inadvertent (a misplaced digit on the SSN). In any event, the IRS will deal with the issue.

"Probably not, because the claim may have been inadvertent (a misplaced digit on the SSN). In any event, the IRS will deal with the issue."

... I have to disagree that it could simply be a misplaced number. I e-filed my taxes last night. This morning I woke up to a message that the IRS rejected my return because one of my depedent's name did not match the social security number listed. I found I inadvertently put my daughter's SS# behind my son's name. I fixed and resubmitted my return only to get another rejection message that my son had already been claimed on someone else's return. My 17 yr old son died in June 2011. Someone used his SS# and claimed him as their own. So this could not be an inadvertent act. No, someone deliberately listed a dead child's name AND their SS# to defraud the government. I hope they rot in hell.

Report them to the IRS; they will deal with it.

If it IS tax fraud, then the IRS WILL put them through hell.

The IRS will deal with it only when I can prove the dependent is mine. Guess its too taxing for the IRS to look at the last 17 years of my tax returns.

Proof is a matter of a birth certificate; you can also point out the previous years' returns as part of the proof.

This same thing JUST happened to me. My 3yr old sone passed away in Sept of 2011. I filed on Monday and my tax preparer called and let me know that he was already claimed by someone. I live with his father and it was definitely not him. So I can only assume its fraud and taking the identity of a deceased child? I want justice to be served, how do I bring this person to pay for this? As if we haven't been through enough this year...

Report it to the IRS.

Trust me, they take these cases seriously, and will do everything they can to track this person done.

These despicable human being are the ones the IRS DO throw into jail for tax fraud.