In 2009 Me and my son's mother lived in upstate new york. Around that time she took my son's social security number and gave it to her sister in bridgeport connecticut, so that her sister can take my sons social security number and file him under her income tax return. My son's mother's sister never did anything for us she never bought my son anything. Is this considered tax fraud? If so, is this a federal offense? What would be the penalties? jail time? and. Who will get in trouble?
1 Answer from Attorneys
If the person claiming a dependant did nothing by way of support, the exemption cannot be passed on. Easiest is to also claim your son, if you are entitled. IRS will see multiple people claiming the same dependant and deny the deduction to both, only allowing it when the proper person has established entitlement thereto. This might lead to civil penalties, but unless it continues, it will not probably rise to tax fraud.
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