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    WMorg555's Avatar
    WMorg555 Posts: 105, Reputation: 1
    Junior Member
     
    #1

    Apr 21, 2010, 05:34 PM
    Filing criminal complaint
    Is there somewhere to go to file a criminal complaint charge against someone who fraudulently claims your dependents on their tax return. My daughters have been living with me continuously since 2003. In 2006 I was given full physical and legal custody of them in a court order. In 2007 my ex-wife claimed them on her tax return. She doesn't even live in the same county and doesn't even exercise her visitation. The IRS re-did my taxes and says they are denying my deduction. I have to go through audit reconsideration to get it reversed and I am still waiting. She did it again for 2009. She claimed them on her tax return even though they live with me. I shouldn't have to keep going through audit reconsideration every year and get into a tax repayment plan while waiting for the IRS to decide. Where can I file criminal complaint against her? Thanks for any help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Apr 21, 2010, 05:52 PM

    Do you file a written filing with documentation that the children live with you?

    You need to contact the IRS and ask if they will do something against the fraud.

    You can of course file in civil court for any money you are out from the filing they are doing
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    Apr 21, 2010, 05:52 PM

    Hello W:

    The IRS is the agency who would investigate her. Certainly they're aware of the situation and have chosen NOT to go forward. I don't know why. You could ask them. They have a toll free number.

    excon
    Kitkat22's Avatar
    Kitkat22 Posts: 6,302, Reputation: 1191
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    #4

    Apr 21, 2010, 05:56 PM
    Quote Originally Posted by excon View Post
    Hello W:

    The IRS is the agency who would investigate her. Certainly they're aware of the situation and have chosen NOT to go forward. I dunno why. You could ask them. They have a toll free number.

    excon
    I can tell you why. They probably screwed up and don't want to admit it!:eek:
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #5

    Apr 23, 2010, 02:22 PM

    You need to keep after the IRS for this determination. If other people are still claiming your kids then you need to speak to someone about how to cure this situation next year. Your situation will be resolved only not as quickly as you would like. Also, how quickly did you file your taxes this year? Sometimes the IRS uses the first come first served attitude when it comes to dependents and who filed first.

    I know it's a pain to have to resolve but they will resolve this. If this does happen each year to you then you definitely must do something ahead of time with the IRS to protect your return so that these other misguided individuals don't cash in.

    As far as a criminal proceeding against those other individuals please discuss this with the IRS. If these individuals do this on a regular basis then possibly the IRS can file a fraud action against them. The trick of the IRS is to keep calling and speaking to the supervisors.

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