Discussion:EIC- AMEND

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LILY (talk|edits) said:

27 June 2007
Hope everyone had a good tax season. I am still doing extensions. I have a client who is not married and has a child. Last year he & his lady friend had some problems. She filed her return as head of household and claimed 2 children, one of which is my client's. Here income on the return was less than $600. She recevied EIC for both children. No taxabile income,thus no child tax credit. I want to file him as single (not head of household because he may not have had a home at tha time). I,also, want to amend her return to eliminate this one child. She will be returning $ 34 to the government for EIC. What problem will I run into to do this, if any. He will save over $ 1500 in taxes. Thank you

Kevinh5 (talk|edits) said:

27 June 2007
You would think the IRS would question how someone with only $600 a year income could support herself and 2 children. No wonder there is so much fraud going on - no one is policing it. Who was the lying fraudulent preparer who did her tax return?

Hadlin (talk|edits) said:

27 June 2007
kevin you are tough.

Maybe she won the lottery a couple years ago and is living off her savings which are in non-interest bearing accounts. :)

BethAZ (talk|edits) said:

27 June 2007
Also, it isn't unreasonable that her 'significant other' worked and paid all of the bills. I run into that all the time.

LILY (talk|edits) said:

27 June 2007
Thanks for the input. Cannot say who prepared, but a national preparer servicedid it. I want to amend her return and take away one child. Question is, Will I have trouble with the IRS. The father can claim the dependent and did support her. Does anyone have any experiance with the IRS in case of EIC taken incorrectly.

Taxref (talk|edits) said:

27 June 2007
I haven't had any experience with it, but I would think an amended return should cause no problems. Of course, if the IRS had come knocking first it would be a different story.

Like BethAZ, I also see situations which appear to be EIC fraud on their face, but when checking the regs I find they are legal situations. In fact, had one of my client's children this year been 2 years older I could have changed around a dependent and gotten the child a big EIC. That's despite the fact the parents had very high income and were phasing-out on exemptions. Its certainly not what the EIC is intended for, but it still would have been legal.

Kevinh5 (talk|edits) said:

27 June 2007
I sincerely wish that congress would take welfare out of taxation.

Bottom Line (talk|edits) said:

28 June 2007
Amen. And stop trying to make social policy through the tax code.

Zornundo (talk|edits) said:

28 June 2007
You always run the risk of the amended return hitting a TCO or RA's desk.

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