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    Child tax credit

    My mom was going to claim our kids on her taxes this year. She wasn't working much and had them a lot. Can she do this if we don't claim them? Will that raise a red-flag with the trustee?

    #2
    I don't know if she meets the IRS requirements to claim them - but if she does, wouldn't that mean you can't claim them as part of your household for your BK??
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      #3
      A double edged sword indeed. The Trustee will wonder why they aren't on your taxes.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
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      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        Go to IRS.gov and look up the requirements of claiming a dependent on your taxes...If your Mom provided over 50% of their support and met certain other requirements, it is possible but you cannot claim them also. You would probably have to do a lot of explaining about the situation to the attorney/trustee and it could change your entire financial status for filing. Also, your Mom could face a higher risk of being audited.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

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          #5
          I see your points.... But about a month or so before met with the lawyer she was back to work full time and we had the kids more. I know we wouldn't be able to file on them if she does. Should we ask the lawyer?

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            #6
            Originally posted by dogbone33 View Post
            I see your points.... But about a month or so before met with the lawyer she was back to work full time and we had the kids more. I know we wouldn't be able to file on them if she does. Should we ask the lawyer?
            Yes, ask your lawyer.
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

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