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Tax Law (Questions About Taxes)/Can my boyfriends mom claim our son


Our son lived with us for 5 months and his grandmother for 5 months. Right now he has been taken by the state and state owned and since he is living with his grandmother right now, she wants to claim him, is that even possible? Or do my boyfriend and i get to claim him?


You and your boyfriend can not file a joint tax return.  You must file your own tax return and your boyfriend must file his own tax return you CAN NOT file a Joint return.  But neither you, your boyfriend, nor your mother can claim the child as a deduction.  The child must live with you 6 months and one day to claim the child as a deduction except in the year he is born. Then should he be born after June 29th the one who claims the child must have him from the date he is born until the end of the year.

The IRS this year is cracking down on the following fraudulent tax returns that are filed claiming a child to get the "earned income tax credit".  The tax returns that are filed with boy friends and girl friends as join return or a single taxpayer with a girl friend or boy friend as a dependent.

To answer your question neither can claim the child for the reasons stated above.


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John L. Tidwell


Unemployment tax law both state and federal; determination of employer employee relationship; the usual 20 commonlaw factors for making that determination; and what makes me a liable employer.


Over 20 years of field audit experience with a state agency



Degree in Accounting from Falls Business College

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