Legal Question in Tax Law in California

Dependants

My fiances ex is trying to claim their children on her income tax for the earned income credit. The children live with us 100% for the past 2 years. She had barely even visited the past year. My fiance recieves AFDC but also works. Can she claim them even though they dont live with her? Would he get in trouble by the IRS if he claimed them also, but they actually live with him?


Asked on 1/24/09, 3:55 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Dependants

she is not entitled to claim the children. see:

http://www.irs.gov/individuals/article/0,,id=96466,00.html#QA4

http://www.irs.gov/individuals/article/0,,id=150513,00.html

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Answered on 2/08/09, 11:23 am


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