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How can i make sure astranged wife cant file tax return on childern

Booneville, AR |

i ahve had both kids for a year and half. living in my home.. my wife has a copy of ssi card and has said she is going to file them on her tax return. how can i make sure she can not do this. i can prove they have been with me this whole time from school records

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Attorney answers 3

Posted

Well, you can't stop her from committing fraud. About all you can do is warn her and perhaps alert the IRS. If the kids ss# show up on your return and hers eventually the IRS will cross-match the returns and investigate. I would try to file your return as soon as you possibly can and make sure it is done right by using a CPA. This will be investigated so keep your documentation and paper trail.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Posted

File your return as you normally would, and be prepared to show they live with you. The school records are great. They establish that the child lives near the school for more than half of the year.

Christopher Larson
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Posted

As Steven suggested, you can't stop someone else from doing something unwise. If you're in the right, just keep a good paper trail by retaining all pertinent documents, and if your return gets examined then it is simply a matter of calmly and coolly presenting your evidence.

Best of luck

There is NO attorney-client privilege based on this interaction. I am NOT your attorney. We have no signed engagement letter with a clear understanding regarding fees. Further, everything we both just wrote is publicly available on the internet and would be the same as if we were talking in a crowded restaurant, there are many witnesses looking over your shoulder and can repeat anything you write here. If you need legal assistance use Avvo to find a local attorney in your jurisdiction that you feel can best represent your interests as a zealous advocate. My experience is in corporate tax, white collar criminal defense, partnership tax, and tax controversy/litigation. If you're being audited by the IRS or state taxing authority, or you are taking an unusually risky tax position on a return, that is the kind of thing you should have experienced counsel on your side and we can set up an initial consultation. If you have a family law, debt collection, violent crime sort of issue then I do not handle that. Do not contact me for an initial consultation on non-tax matters.

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