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What do i do if someone keeps claiming my child on there taxes who has no authority to do so?

Aurora, CO |

For the second time someone has claimed my son on there taxes it happened for the 2011 taxes and now the 2012 . I have a good idea on who is doing it but i have no proof so i was told i can not start a fraud case. i know its not my sons mother because i have seen her taxes for last year and this year we have a order stating i am to claim him for 2012 taxes. i will be attempting to change his SSN but i also want the person responsible to be properly dealt with. last year the IRS told me they would send letters to each party that claimed the same exemption around Oct but they never sent the letter what should i do?

Attorney Answers 2


  1. Follow up with the IRS again. Also contact the IRS Taxpayer Advocate to see if they can help since it sounds, from your description, as if the IRS is not properly following through on its duties. Also, consider filing a complaint with the local police for identity theft. If the person whom you suspect is claiming the deduction is not a relative of your son and has no legitimate reason for having your son's social security number, then that person might have engaged in some form of identity theft.

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com


  2. As Dana suggested, follow up with the IRS. It is imperative you document your correspondence with them - write down date/time/length of call/information discussed and definitely keep the badge number of the person you speak with.

    You are doing everything right it sounds like - and dealing with a large bureaucracy is often difficult and can be frustrating at times - but the most important thing when you are doing the right thing, is to document your efforts.

    Do not threaten the "wrongdoers" in any kind of fashion, no matter how benign of a threat you think it is, because then you can find yourself in serious legal trouble - especially if you do not have convincing evidence (and it sounds like at the moment, you do not have the 'smoking gun.')

    Try to sort it out with the IRS first, and there are other options later if it comes to that. However with your documentation, even if you do hit audit, it shows a shortcoming on the part of the IRS, not your own.

    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.