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Can i sue the i.r.s for my tax money and emotional distress?

Tampa, FL |

me and my girlfriend filed our taxes around the end of January and been getting the run around ever since. on my end i have a 9 month daughter and 7 year old step daughter i claim on my taxes. they sent me papers to verify that the baby was mines and bout the step daughter. i sent in the birth certificate in and they responded a month later saying that wasn't enough. my name is clearly sign on there. then they told me i couldn't claim the step daughter. the mother of my child and her daughter wrote a letter stating she gave me permission to claim the step daughter and even got the letter stamp by an notary. they responded with they cant accept it. the mother of the kids even spoke to an i.r.s agent and told them everything. its the middle of July and still no money.it has cost me alot

Attorney Answers 4

Posted

You cannot sue to IRS.Google the Federal Tort Claims Act and then take a couple of Tylenols.

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Posted

Sorry, but no, you cannot sue the IRS.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

No you cannot sue the IRS and if you could you could not sue for "emotional distress".

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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1 comment

Asker

Posted

Thank you all. So there's nothing I can do bit sit here and let them keep pushing my dates back? I never went thru this before.

Posted

Your girlfriend's daughter is not technically your stepchild and therefore not a "qualified" child for the dependency exemption -- the reason is because you and she are not married. If you were then the child would be your "legal" stepchild for tax purposes.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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