I took care of my elderly father for about 3 months after he suffered from spinal stenosis and lost the use of both legs. He is walking now after cortisone injections and months of physical therapy. When he first returned home, he was in a wheel chair and couldn't really do anything for himself for most of that time. It was a very difficult time, and I suffered business losses and depression.
The thanks I got from my family, brother and uncle who is CPA and did my father's taxes, was to claimed me as a dependent on my father's tax return for the time I spent caring for my father in his home. Anyone ever hear of such imbecilic people?
The IRS won't give me any information, other than to send in an identity theft form. I guess I need an attorney. Are there any organizations that can help me?
Thank you.....
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You can file your own return as a dependent of another taxpayer, and get a part of the refund you expected.
You can file as NOT a dependent, but you have to file on paper. If it were me, I would include that Identity Theft form, with a comment that you don't want them to send your brother to jail! The investigation will be lengthy.
I always thought that the parent would benefit more from claiming the child, but I did the calculations both ways for one client. The total benefit to the "family" was the same in both cases - whether the parent claimed the child or whether the child filed for himself.
"Whether you file or not depends upon your income. If your income exceeds the filing requirement amount for your filing status you are REQUIRED to file.
The filing requirement amount if you can be claimed as a dependent is $5,350 for 2007. If you cannot be claimed as a dependent then it's $8,750.
Whether you can be claimed as a dependent or not depends upon the facts at hand. It's NOT something that you can "give your permission" for, the facts speak for themselves. There are 2 ways that she can claim you, as a Qualifying Child or a Qualifying Relative. We'll touch on both below, in that order.
Under the Qualifying Child rule, if you are under age 19 or under age 24 and a full-time student you can be claimed as a dependent if you lived in your parent's home for more than 6 months, excluding temporary absences such as for school AND you did not provide more than half of your own support. You are considered a full time student if you attended school on a full-time schedule (as defined by the school) for any portion of 5 months during the tax year. Hint: Taking one semester off usually won't block your parent from claiming you as a dependent, as long as you attended classes on a full-time schedule for any part of 5 months of the tax year.
Under the Qualifying Relative rule she can claim you regardless of your age or school status if you lived in her home all year (excluding temporary absences for school, medical care or vacations) AND you had less than $3,400 in gross income AND she provided more than half of your total support.
So, review the rules outlined above. ... If she can claim you as a dependent then you are barred from claiming your personal exemption. She does not need your "permission!" ... And if she cannot claim you as a dependent then just claim your personal exemption yourself and let the chips fall where they may. If she claims you and you claim yourself, the IRS will investigate the matter and award the exemption according to the law. The other party will get a bill for the taxes due due to the loss of the exemption claim."
Doormatno1 - People MAY be right that there will be no great financial impact, but it is a horrible violation of your adult personal autonomy to declare you as a dependent on your father's tax form. It is demeaning that your brother would assume that he had the right to do this without consulting you. It makes one think that he thinks you're a "no account loser," which is not true. It must sting extra hard because of your business failure.
Actually 2 or 3 times that amount might be better for the care you provided for your father. CPAs are very consious of avoiding wrong-doing. Be sure to tell him he wronged you by not paying for your services and stealing your deduction. Tell him next time he can pay for a full-time nurse which would really cost alot.
Maybe if you will let us know what legal problems this caused someone will have some answers. So much depends on if you filed another return, especially if you received a subsidy for health insurance. If you don't legally qualify as a dependent, the tax return could come back on your brother and father.