Legal Question in Tax Law in Illinois

Owing the irs

I filed my taxes with Jackson Hewitt they put me down as head of household just so that I could file my nephew on my income tax. They stated that was the only way they could file him with me. Now the IRS wants me to prove that I am in fact head of household and I cant prove that because I wasn�t in the first place. How could I go about doing this so that I wont have to pay the IRS back?


Asked on 1/30/08, 4:00 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Owing the irs

It is unfortunate that your preparer apparently gave you some bad advice.

As to the IRS, there is no way to avoid paying the tax and interest that is due, since from what you say, your nephew wasn't residing with you.

However, the IRS should be willing to waive the penalties if you explain that you relied on your tax preparer's advice. In addition, you should file a complaint with Jackson-Hewitt and ask them to pay any penalties you are stuck with as a result. They may also refund your preparation fee (if this is their policy - I don't know).

Whether you file head of household or not, you can still take your nephew as an exemption if you can prove that you paid more than half of his support and no one else claimed him as a dependent.

Good luck to you.

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Answered on 2/10/08, 12:02 pm


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