Asked over 1 year ago - Miami, FL

Can a person claim their mother on their taxes when she isn't even living with them. She is married lives with her husband. Own their own home and collects SS? If not what can happen?

Attorney answers (3)

  1. Larry Thomas McMillan

    Contributor Level 15


    Lawyers agree

    Answered . There is no basis to claim the mother. The IRS can conduct an audit and there is always the possibliy of criminal charges as a result of fraud.

  2. Radha Rothrock

    Contributor Level 11


    Lawyers agree

    Answered . I'm not aware of any exception that would allow mom to be claimed in this situation.

  3. Curtis Lamar Harrington Jr

    Contributor Level 20


    Lawyers agree

    Answered . When mom claims herself and you have claimed her, there will likely be an alarm going off. If she is conspiring with you, she could be in trouble too. If your tax bracket is so high that the deduction means that much, you will have that much more to lose.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562)

    594-9784 ---

    Please remember to designate your question's BEST ANSWER.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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