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    juanito708's Avatar
    juanito708 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 28, 2007, 02:22 PM
    What do I do if my mother in law claimed my wife?
    Me and my wife had gotten married on dec. 18 2006 and her mother claimed her yet so did I I thought she could not claim her because she is my wife what do I do?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #2

    Jan 28, 2007, 02:36 PM
    If you are positive that your mother-in-law has already filed her tax return, and since it is far from being the deadline of April 15, your mother-in-law needs to file an amended return and there shouldn't be a problem.

    The other option is that you yourself file a married but separate return so that your mother-in-law can have the benefit of claiming your wife for the year. There is no law that keeps her from claiming your wife as a dependent. The only crime that comes into play is if you BOTH claim her as a dependent.

    Hope this helped clear things up.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
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    #3

    Jan 28, 2007, 03:56 PM
    Your mother in law can not legally claim her, but heck people just make up kids and try to claim them. So your mother in law filed a incorrect tax return, you merely file yours correctly, and tell her she had better correct hers.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jan 28, 2007, 04:22 PM
    The rule is that you have to have paid 50% support for someone to claim them as a dependent. Sounds like Your mom-in-law is more likely to fulfill that requirement.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #5

    Jan 28, 2007, 04:38 PM
    Scott & Fr Chuck - FYI: Juanito sent me a private message after I posted. It seemed to suggest that his wife was living with him throughout all of 2006. So, I told him if that was the scenario, he had every right to claim her, since they were married in 2006 and that if his mother-in-law doesn't amend her return, she is the one liable if the gov't picks up on it, not him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jan 28, 2007, 04:56 PM
    Thanks for passing that along, Ruby. An example of why questions should be public.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,834, Reputation: 846
    Senior Tax Expert
     
    #7

    Jan 28, 2007, 05:01 PM
    ALCON:

    If you are married, it is unlikely your parents can legally claim you, even if they provided over 50% of your support. That's the law.

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