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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 has cost me alot

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Attorney answers 4


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


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.


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

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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.


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.

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