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Tulsa, OK |

MY wife and i claim are kids on are taxes but we where denied. here is why first my wifes ex boyfriend and my wife has 2 kids together they were never married . he lives in Arizona we live in Oklahoma he does not support them in any way at all they have not lived with him at any time at all he claimed them on the 30th of June and is getting the earned income credit. for the kids. before that he sent my wife a paper telling her to sign this so he will be allowed to claim the girls she told him no not going to happen right after that about 3 weeks later his sister called my wife asking for the kids social card numbers because they had lost them and again she said no not going to happen. me and my wife can prove he fraudulently filed them as dependents to receive the EIC. We have school records and medical records and shot records that are all up to date and for the last 3 years and they live with us full time and more. so proving this to the IRS will not be a problem..My question is what will be the repercussions for him when it is proven that he committed tax fraud and stole from the kidsand the IRS? as we are doing an amended return in 2 weeks.

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Attorney answers 2


You need to talk to a lawyer to make sense of this.

Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.


There are a range of possible penalties including interest, gross understatement of liability, EIC disallowance in the future, etc. The IRS allows you to be a whistleblower on its website.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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