CLAIM Mother in law ?

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  • TAXNJ
    Senior Member
    • Jan 2007
    • 2106

    #1

    CLAIM Mother in law ?

    I think "Tax burn out" may be near but here is the situation.

    Can Parent (Mother in law) be claimed as a Dependent by Son & son’s wife who
    Paid over ½ cost of keeping up the main home (Mother in law lived in their home) ?

    Scenario of Parent (Mother in law)in 2006:

    Mother in law Husband died in 2006

    Deceased Husband Social security benefits $7227.00 (for dependency test this is not consider “gross income” since it is non taxable)

    Deceased Husband Dividend & Interest = $118.00

    Mother in law interest income = $884.00

    Thanks in advance
    Always cite your source for support to defend your opinion
  • jainen
    Banned
    • Jul 2005
    • 2215

    #2
    about the others

    >>½ cost of keeping up the main home<<

    What does this have to do with anything? Okay, relationship and gross income are two of the requirements for qualified relative. How about the others?

    Comment

    • TAXNJ
      Senior Member
      • Jan 2007
      • 2106

      #3
      other tests

      sorry did not mean to get you upset

      1- not claimed as dependent on someone else's return

      2- Parent (mother in law) does not have to file a return with deceased husband (based on figures given)

      3- US citizen

      4- Support provided by Son & daughter in law that Parent (mother in law) lived with
      Always cite your source for support to defend your opinion

      Comment

      • jainen
        Banned
        • Jul 2005
        • 2215

        #4
        other tests

        Just so. Now, what was your question again?

        Comment

        • TAXNJ
          Senior Member
          • Jan 2007
          • 2106

          #5
          Jainen

          Thank you for your professional response. You are a great communicator
          Always cite your source for support to defend your opinion

          Comment

          • jainen
            Banned
            • Jul 2005
            • 2215

            #6
            parameters

            >>your professional response<<

            You didn't provide any parameters for the response you sought. Since your base was "burn out" and your thanks were given in advance, it seemed that almost anything would be good.

            I took the tack that I did for two reasons. First, to suggest that you can't get a reliable answer if you don't provide all the information needed. Secondly, to emphasize what I assumed (correctly, as it turned out), that you had already worked through the dependency tests and the correct, supportable position was right there on your own desk.

            Perhaps you were piqued that I didn't spoon-feed you the regs, but I gave you the benefit of the doubt, nobody else answered at all, and I'll bet qualified relative is "burned IN" now.

            Comment

            • Gretel
              Senior Member
              • Jun 2005
              • 4008

              #7
              Puuh.

              If kids paid more than half of parents support and all other tests are met, parent can be claimed. Parent could have lived of savings, so the most important thing is the 50% support test.

              Comment

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