Client's deadbeat ex-spouse claimed EIC for child and should not have due to eligibility requirements. Child lives with client, the custodial parent, all year. Ex-spouse successfully claimed EIC for the child. Client filed original 1040 without claiming the EIC for the child since the ex-spouse beat her to the punch. Client now wants to file amended return to claim the EIC. We have prepared 1040X which is ready to mail. Any other thoughts, suggestions or advice before dropping it in the mail? Thanks.
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Go get 'em!Dave, EA -
Have your client attach to the 1040X, in notarized affidavit format, a detailed statement outlining the requirements for their EIC eligability and attesting to the fact that they complied with each of these requirements. Worked for me a few years back, however inform your client to be prepared for at least a four to six month delay and also additional communication with some new friends at the IRS.Comment
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I would go ahead and attach the documents that prove the residency of the child with your client. That will be one of the first things the IRS will want from both parties.
You can use school records, medical records, etc. Anything that shows the child's address as the same as your client's.You have the right to remain silent. Anything you say will be misquoted, then used against you.Comment
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