Legal Question in Tax Law in New Jersey

The IRS is not allowing me to claim my granddaughter.

For 2004 and 2005 the IRS is not allowing me a refund for my granddaughter who lived with me for those tax years. My daughter, her mother, lived in NY at the time, and did not support her I did. What are my chances of receiving the refund which is over $7000 at this time. I did send them the necessary papers they requested. They are telling me I am not a legal guardian. Which is true, but I did support her. Would it help if I retained an attorny? Please help.


Asked on 7/06/06, 6:36 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: The IRS is not allowing me to claim my granddaughter.

ONLY A PARENT OR COURT-APPOINTED GUARDIAN CAN APPLY FOR THE REFUND, IF THE GRANDDAUGHTER IS A MINOR. YOU DO NOT SAY HOW OLD YOUR GRANDDAUGHTER IS NOW, AS IF SHE IS OVER 18, SHE CAN APPLY HERSELF. YOU DO NOT SAY HOW THE REFUND WAS GENERATED (WAS A RETURN FILED FOR THE GRANDDAUGHTER DIRECTLY, AND, IF SO, WHO SIGNED THE RETURN, HER OR YOU?) AND THIS ANSWER MAY ASSIST YOU IN APPLYING FOR THE REFUND. IF THE REFUND WAS GENERATED BECAUSE OF EARNINGS SHE HAD, AND EXCESS WITHHOLDING, A CHECK SHOULD HAVE BEEN SENT, UNLESS ANY REFUND WAS TO BE APPLIED TO ANOTHER YEAR. MORE INFORMATION IS NEEDED TO PROPERLY RESPOND TO YOUR QUESTIONS.

Read more
Answered on 7/07/06, 1:12 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in New Jersey