QUESTION

I claimed both my children on my tax return because we verbally agreed to share the tax break every year so I filed is this legal?

Asked on Feb 28th, 2013 on Taxation - Colorado
More details to this question:
Nothing in decree states otherwise.
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2 ANSWERS

Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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If you agreed "to share the tax break every year" then shouldn't you have claimed one of them? In any event, if each child is claimed by only one of you, then you should not have any problem. Otherwise, you need a written agreement. In the absence of that, the parent who provides a majority of the support gets to claim the dependency exemption.
Answered on Mar 01st, 2013 at 11:39 PM

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Tax Law Attorney serving Greenwood Village, CO at ColoTech, LLC
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Usually, whoever files with the children first wins.
Answered on Mar 01st, 2013 at 11:27 PM

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