Detention Home

[mths]

Client has a minor child (16) in a detention home since May 2006. I have looked and looked for some type of info about this. I can find temp. absences for other things but not detention homes. They are billing her now for his keep. Does anyone know anything about this type of situation. Can she still claim him as a dependent?

[JoshinNC]

I asked the same question earlier this week.

If the parent is paying the expenses for the care than the deciding factor is the length of time in which child will be in custody of home. If it is indefinate than no dependency. If it's not "temporary" than no deduction. Determining whether it is "temporary" is open to interpretation.

[DaveO]

Is the child a ward of the State?

I had a client that was in the same situation a few years back. The child was decreed to be a ward of the state and she did not get the exemption for that year.

[jainen]

NOT the same

>>the same situation a few years back<<

It is NOT the same situation because the law has changed. Now it doesn't matter who has legal "custody" (unless parental rights have been terminated, in which case they wouldn't be getting the bill.)

I'm not sure I agree with Josh that "indefinite" is not temporary. There would be no such question in the case of hospitalization, even though the exact duration is not known.

If in spite of everything this kid has done, the parents still want to claim him as their own, I see no reason not to.

[JoshinNC]

What?

Jainen, that runs exactly contradictory to your response to me on the same question earlier this week!

Below is your quote:

"Whether he is there long term or indefinitely, it is not "temporary" which implies an expected end date."

Explain yourself.

[jainen]

See, Old Jack?

>>Jainen, that runs exactly contradictory to your response to me on the same question earlier this week!<<

See, Old Jack? It wasn't anything personal, I just accidentally told you the right thing.

[JoshinNC]

Did I miss something?

Are you responding to me on this post or to Jack on another one?

[jainen]

come up with something else

>>Are you responding to me on this post or to Jack on another one?<<

I was using this thread as an example of what I was talking about in the other thread (Need Help with Depreciation).

I don't have a particular response to your challenge. I have indeed stated two contradictory positions, and I would faithfully argue whichever one served my client best. Others on the forum can weigh in on one side or the other, or come up with something else.