My 2 children stayed with their grandparents for a portion of 2009 and they claimed them as dependents on their 2010 taxes without notifying me. Can they legally do that?
1 Answer from Attorneys
Your children are presumptively your dependents and you would have the right to claim them on your taxes and possibly qualify for the earned income tax credit. If, however, the grandparents supplied more than half of the support and the children lived with him for more than half the year, the issue may be complex. In any case when you file your tax return claiming your children, the IRS will contact both you and the grandparents to determine who has the right to make the claim.
Please make sure that you have your tax return prepared by a professional accountant or H&R Block so that you can be sure that your return as prepared correctly.
I hope this helps!
Ron Cappuccio
www.TaxEsq.com