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About Helen P. O`Planick, EA
Expertise
I am a tax professional, with experience in individual taxation. I would prefer not to answer questions about non-resident aliens or corporate taxation. Please do not ask me state related questions, unless the state is Pennsylvania. There are 42 taxing states and 42 TOTALLY different sets of state tax law.

Experience
I have been preparing tax returns almost all my life. I have been in professional practice for 25 years and I am enrolled to practice before the Internal Revenue Service.

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National Association of Enrolled Agents

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I am a prior Money Magazine Tax Test taker and have been quoted extensively in all media including monthly periodicals and books by tax authorities.

 
   

You are here:  Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > income taxes

Tax Law (Questions About Taxes) - income taxes


Expert: Helen P. O`Planick, EA - 10/22/2009

Question
QUESTION: Can a man claim my granddaughter on his taxes who is not her biological father? Is there anything that can be done about this? My son pays child support on this child and her mother is on welfare.

ANSWER: If this man is supporting your granddaughter or is married to her mother, then yes.  

If not and the mother is the custodial parent, SHE must allow your son to claim the child by giving him form 8332 yearly.  

Helen, EA in PA

---------- FOLLOW-UP ----------

QUESTION: Can I report this to the IRS for claiming the child and will the IRS audit his taxes?

Answer
The man has done nothing illegal if the child's mother is the custodial parent and has allowed him to claim the child as long as she does not file a return and he supports the child.  

So unless the above is totally untrue, you have nothing to report to the IRS.  Paying child support is not an automatic allowance to claim the child.

Helen, EA in PA

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