@Hayley12 wrote:
I need help I had my children back home 6 year in my home all three of them I need to file fraud cases because for five years my daughter in law continues to use my children without any permission from me and she and my son is separated for a long time but now i been going through hard times and for years my brother has been helping me out with money weekly so I let him file my children it was unsuccessful please call [phone number removed] if someone is able to help us [removed] thank u
You cannot amend any year prior to 2017 for a refund since those years are closed by the 3 year statute of limitation.
If a dependent that you are entitled to claim has already been claimed by another taxpayer then your only recourse is to file a correct tax return, claiming what you are entitled to claim, then print and mail the return.
The IRS will process both returns and pay any refunds. Shortly (within a year) the IRS will mail letters to both taxpayers asking if their tax return was filed in error and suggesting that they amend if they improperly claimed the child.
If neither taxpayer amends, the IRS will send a second letter asking for each taxpayers proof that they are entitled to claim the dependent, such as proof that the child physically lived with them more than half the year. School records, child care records, household receipts, medical bills, etc., that show that the child lives with you should be retained.
The IRS will evaluate each taxpayers claim and award the dependent to one taxpayer, the other will have to payback any refund received plus interest and possible penalties. The taxpayer that had physical custody usually always wins.
Do not ignore the letters or you will loose.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
