What can I do to have the IRS audit my ex-boyfriend and make him pay what he should have paid the IRS!

Question

My ex-boyfriend calimed our son last year on his taxes. He managed to get his SS # from me because he told me he was going to open up a savings account for him. I didn't see anything wrong with that so I gave him the card. When I was about to do my taxes I told him I needed the card back because I was going to claim him on my taxes. He then told me to not bother because he had already claimed him. I was furious but he managed to calm me down because he said all the money that he was going to receive was going to go towards his savings account. Well I dropped the topic because I thought the money was going towards my son anyway. Well two weeks ago we broke up because I found out he had been lying and cheating on me. When I asked him to show me proof that he indeed did open a a savings account he said he didn't open anything and that he used all of that money to pay off some of his bills and that he wanted to claim my son because he did not want the IRS to charge him any money. My questions is, is there anything I can do to have the IRS audit him and make him pay that money back and give me the money that would have been for my son if I would have claimed him. Since my son was born he has been living with me and I am the one that basically is raising up my son. And my ex is still saying that he will claim him again next year......Please I need to do something fast!

Answer 1

Write to the IRS

Give his Full Name, His SS if you have it

A note explaining the reasons he should be investigated

Your Name Address and SS.

Answer 2

If your son was living with your boyfriend for over half of 2007, and he is your son's biological father, then it was probably legal for him to claim him.  Since you say "our son" I assume that he IS the father.  You say you split up 2 weeks ago, but don't say if you were all living together last year, and that would make a difference in whether he can claim him.

If your ex  bf is NOT your son's father, then amend your return for last year to claim him.  The IRS will notice that two people claimed the same child, and that will start an investigation of which of you can claim him, and your ex bf will lose.

Answer 3

The right to claim the child is determined yearly.

If both you and the dad are eligible, the IRS will let the tax return with the highest AGI "win."

However, to be eligible, you have to meet the following tests:

1.  the child must live with you for more than 6 months.

2.  the child must be closely related to you.

3.  the child must be under the age of 19 or student and under 24.

4.  the child must not have supported themselves.

So, start building your file that shows where that child was living.  School records, Medical records, Name on lease. Save your receipts, etc.

When both of you claim the child next year, that will automatically trigger an audit.  Since you can prove the above and he can't, you win.

Answer 4

unless you have something in writing that says he can't - your SOL

Answer 5

Fill out this form - and check the "false exemptions" box.

http://www.irs.gov/pub/irs-pdf/f3949a.pd...

Also - YOU need to claim your son if the exemption belongs to you.  Ignore him when he says "not to bother".  If he's claiming it unjustly - he certainly doesn't want you claiming it, and then having that cause trouble for him.

They will deny your claim when you first send it in, but then you respond, and then they look into who gets to take the exemption...and it'll eventually come out in the wash.

Also - next year....send in your return the first moment you're able.  It will help if you can beat him to the punch.