Senior Contributor
Posts: 3,446
Registered: ‎11-30-2007
Re: A Long IRS Story, be patient

You don't have to have legal custody in order to claim a dependent.  Only ONE dependent can be claimed though.  Since my nephew lived with the ex and his g/f....the g/f claimed him as a dependent for that year.  He lived with them for the first four months of the year.  He then moved in with my sister.  My sister claimed him AND the g/f claimed him.   The IRS has asked for 3 proofs....copy of ss#, copy of birth certificate and a document from the school he attended that year, stating that my nephew lived at my sisters residence.  Which he DID.   The school DID provide a copy of the address change form.  My sister moved into a different city for the next school year (beginning in Sept), and those records have been provided and submitted.


My sister has also sent copies of the online record stating that the dad was sentenced, etc. 


My CPA has given her the # to the Taxpayers Advocacy Group....hopefully that will provide some assistance.