Discussion Archives:Child Custody Dispute

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Discussion Forum Index --> Advanced Tax Questions --> Child Custody Dispute


Discussion Forum Index --> Tax Questions --> Child Custody Dispute

Newtaxguy2008 (talk|edits) said:

20 January 2010
Here is a question regarding a child custody dispute

Here is the situation. The single Taxpayer was planning to claim his young son on his tax return, including the child tax credit and EITC. The child's mother just filed and also claimed the child on her return. The taxpayer and the child's mother are going through a custody battle with no agreement on who gets to claim the child this year.

The taxpayer would still like to file and claim the child. According to his records, he had the child for a few more days then 1/2 the year and the child's mother had the child for slightly less then 1/2 the year. Based on the tie breaker rule, the taxpayer should win. Should I just file the taxpayer return and then wait for the IRS to deny claiming the child, then challenge their decision? Or file the return with an attachment with documentation that the taxpayer should win the tiebreaker rule? Any suggestions would be great.

Jctmstx (talk|edits) said:

20 January 2010
If she did'nt E-file, your client can get in first.

CrowJD (talk|edits) said:

20 January 2010
1 Kings 3:16-28 Bible Based Tax Law.

An instance of Solomon's wisdom is given. Notice the difficulty of the case. To find out the true mother, he could not try which the child loved best, and therefore tried which loved the child best: the mother's sincerity will be tried, when the child is in danger. Let parents show their love to their children, especially by taking care of their souls, and snatching them as brands out of the burning. By this and other instances of the wisdom with which God endued him, Solomon had great reputation among his people. This was better to him than weapons of war; for this he was both feared and loved. (Matthew Henry, Commentator)

Newtaxguy2008 (talk|edits) said:

20 January 2010
I am fairly certain the mother of the child efiled. Also, the taxpayer has a few more days before his w2 arrives, so the mother's claim will definitely arrive first.

Jctmstx (talk|edits) said:

20 January 2010
File the return by mail and claim the child. They are many lenghty discussions on this subject. Use your question title in the yellow box.
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