Danielson, CT asked in Tax Law for Connecticut

Q: I got a letter from the IRS saying I have to return the earned income credit. We have joint custody but I have him more

I got a letter from the IRS saying I have to return the earned income credit. My ex wife has “custodial custody” although according to our divorce we share joint physical custody. I have my son 4 days and 4 nights a week, retaining primary physical custody. Isn’t in my right to claim my him and the e.i.c due to me having him the majority of time and I make a little more than she does, which would also mean I can claim him, correct? There is no custody agreement pertaining to who can claim him, nor is it in writing our agreed upon set schedule..although I can prove I have him more through txt messages

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1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: File an appeal and present your evidence. Just remember the IRS rules and your state custody laws are not the same.

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