Legal Question in Tax Law in California

2 parents claiming same dependent

My son lived with me for 70% of 2004. On court orders, it states that i can claim him as a dependent. My ex-husband filed his taxes first this year and I just found out he claimed our son. I sent in my tax return along with a statement saying that my son lived with me for over 6 mo in 04 and a copy of court order. My question is this. What will happen now? Will my ex get fined by the IRS for lying on his tax return? I know that he got a big refund. Will he have to give this money back? Is there anything else that I need to do to ensure that I get the exemption? Any help is appreciated. Thank you.


Asked on 4/16/05, 3:01 am

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: 2 parents claiming same dependent

it is likely that the irs will eventually discover the error on your ex-husband's return and will either send him a bill for the correct tax, interest and penalty due or commence an audit.

if you are contacted reqarding this issue, respond in writing and resend (to the address on the irs notice) a copy of your return, the statement and the court order.

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Answered on 4/16/05, 2:13 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: 2 parents claiming same dependent

He (and perhaps you) will be audited. You will be awarded the deduction, and he will need to repay the portion of the refund that was attributed to the additional exemption, along with penalties and interest. If he was smart, he would do an amendment immediately.

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Answered on 4/16/05, 3:03 pm


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