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allisondoyle · Jun 27, 2011, 08:26 PM

I think. Our son passed away in 2007 at two months old, I being 16 had lived with him for a short four months, two in which I was pregnant. I moved out shortly before my son passed away, I was told I could legally claim him for the time he was alive and my ex could not because he was alive in my care longer. When I went to file my parents taxes, in which they would be a dependent as I was only 16, I was told I could not be claimed because He had claimed me and the child already! He did not inform me of this, and when I confronted him, he laughed in my face and said he spent the money. There MUST be something I can do. He didn't even buy our son a headstone! He is in prison already now, but on unrelated charges. I need all the dirt on him I can get to have hs rights removed from our daughter and this would not only help me out, it may actually teach that man a lesson! Help? Please..

Tx

ballengerb1 · Jun 27, 2011, 08:45 PM

Call the IRS and tell them you want to report a possible fraud. They will listen and determine if he committed fraud, you might even qualify for a finders fee.

ebaines · Jun 28, 2011, 06:09 AM

It really doesn't matter that your ex-BF claimed you and your son; your parents can still file and claim you and your son as their dependents (assuming you meet the requirements). However, they would have to file using a paper return (not eFile), because the computers automatically reject the 2nd tax return that claims the same dependent. So file a paper return and the IRS will investigate. If your parents are indeed the right people to claim you and your son they will be allowed to do so, and the IRS will go after your ex-BF for his improper filing.

*EDIT - Your parents have up until 3 years after either their actual filing date or the return due date (whichever is later) to submit an amended return. If for tax year 2007 they filed on time (before April 15 2008) the deadline to file an amended return was April 15 2011, and it's too late now to claim the additional refund they would get for two additional dependents. However, if by chance they got an extension for their tax filing that year, they may still be able to submit an amended return as long as the 3-year window is still open - but they'll have to hurry!