Tax Guru – Ker$tetter Letter

Q:

Subject: How to reclaim dependent when someone else has claimed her?

Hello Mr. Guru,

     I have placed a copy/paste of your archive dated May 2, 2003 below my letter.

     I agree with the dratted limitations in e-filing.  And, my ex-spouse did, in defiance of the court’s decree about who has custody of our child for more than half of the year, claim my 6yo daughter as her dependent.  And, sure enough, my e-filing was bounced back at me.  Now the question is:  To WHOM in IRS do I send the court decree re: child custody?  What office? at what address?  I ask because my CPA says, “What you’re faced with if you simply paper-file and send a copy of the court decree is an $8/hr clerk opening your envelope and disregarding all papers except those which are the forms s/he data-enters into the IRS computer at his/her work station.  I’ve even heard of checks being thrown away because someone did not want to ‘deal with it’.”

So, how do I bring my situation to the attention of someone high up enough in IRS to amend the ex-spouse’s tax filing and allow mine to be processed when we are both claiming my daughter as a dependent?  To whom do I address this?  What office? at what address?

Help me, Guru, you are my only hope!

Best to you,

A:

I would start by contacting the IRS’s Taxpayer Advocate’s office and explaining your situation.  They are pretty good about helping you cut through the normal red tape.

Their phone number is: 877-777-4778

Good luck.

Kerry Kerstetter

Follow-Up:

Bless your heart!  And, I mean it.  I didn’t expect you’d even answer.  My CPA also suggested Taxpayer Advocate, but she didn’t have the phone number.  If I find out something helpful, I’ll email it back to you.

Best to you,

My Reply:

Obviously, you won’t be able to e-file your tax returns with a mess like this; but it’s more important to be able to file an accurate one.

Good luck.

Kerry Kerstetter