Philadelphia, PA asked in Tax Law for Pennsylvania

Q: If my mom claimed my son on her taxes without my permission can I sue for lost wages

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: If your mother claimed your son and you have not filed yet for that tax year, you can file a paper return and claim him yourself. Include a note explaining that your mother claimed him incorrectly. The IRS will then ask both of you to prove who provided the majority of his support. This can include school records that show he lived at your address, doctors records (you can black out any personal health items that you do not want to disclose) or anything else that shows he lived with you. If you send them in with the return it may make it go more quickly but even if you do, keep copies as you will likely be asked for them again.

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