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lickemlolly · Jan 11, 2011, 07:16 PM

So have been deployed the last 12 months and maybe no one can answer this but in any event... my mother I have a suspicion is going to try to claim my two children on her taxes... because she is short on money and such... she has mentioned it before but I told her no... now they fit the criteria of living with her for more then 6 months... HOWEVER... she has received an allotment every month since I have been gone as well as close to about 1500 extra that I have western unioned her when she said she was tight on things... I bought both their birthday and christmas gifts and such... so if she claims them even though I've told her no do I have a valid argument? She retained them in the residence only because I was deployed however I provided their financial support...

ebaines · Jan 12, 2011, 06:58 AM

Assuming you are the custodial parent and so entitled to claim the child except for the fact that the child did not live with you for at least 6 months - the child is in fact considered by the IRS to have lived with you because you are away temporarily on military service. See Pub 501, page 11, "Temporary Absences":

Your child is considered to have lived with you during periods of time when ... you are temporarily absent due to special circumstances such as ... military service.

Hence you are entitled to claim the child as your dependent, which means your mother is not allowed to. The fact that your mother receives an allotment and gifts from you has no bearing on it.

On a different topic - does your mother qualify as your dependent? It's something to consider if you provide at least half her support and she makes less than $3650.

lickemlolly · Jan 12, 2011, 07:30 AM

No she works... I brought the allotment into it because I provide more then half of the children's support is what I am saying... my mother works...

ebaines · Jan 12, 2011, 07:39 AM

I forgot to include the link to Pub 501, so here it is:

http://www.irs.gov/pub/irs-pdf/p501.pdf

AtlantaTaxExpert · Jan 12, 2011, 08:04 AM

You need to make it clear to your mother that YOU intend to claim your children on YOUR tax return. She should be able to determine that she has no rights to claim the children on her own.

lickemlolly · Jan 12, 2011, 08:07 AM

Yeah I have already done that... but I have a feeling she may try anyway because of her spouse...

AtlantaTaxExpert · Jan 14, 2011, 10:27 AM

Then make it clear to the spouse as well.

If they file a joint return, by law they are JOINTLY and SEVERALLY liable for the contents of the return, and if they claim improperly your child on their return, they will BOTH be held responsible for it.

lickemlolly · Jan 14, 2011, 10:51 AM

I don't think that is possible.. her spouse is a woman.. dont think they can file joint

AtlantaTaxExpert · Jan 14, 2011, 11:04 AM

You are correct. For now, the IRS does NOT recognize gay marriage even if their home state does recognize it.