Legal Question in Tax Law in New York

Both parents claimed child in 2000 on their taxes
Both the mother and the father (they are seperated) claimed their child on their 2000 taxes. They both received letters from the IRS for an ammendment. In 2000 there was not a legal agreement between parties. Both said they were going to claim child. Father has always claimed child. Father supports child more than 50% of the time and can show proof with receipts, checks. What does father need to do so he does not have to repay refund. Mother has already indicated she is not going to give the IRS back any money? She works somewhat under the table so not easy to garnish money. Is there an avenue father can take without having to pay for legal fees etc?

Asked on 1/21/02, 2:18 pm

Norman Nadel Norman Nadel, Esq.

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Re: Both parents claimed child in 2000 on their taxes

Probably not, but he can try.

Absent an agreement to the contrary, a parent must supply more than 50% of the financial support for a child in order to claim the deduction.

The laws of mathematics tells us that it is impossible for each of two people to provide more than 50% of the support.

Answered on 1/21/02, 4:39 pm

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