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Emma Johnson

Audit triggered by Head of Household conflicts and dependent claims - need advice!

My cousin is facing an audit situation and I'm trying to understand what he's up against. He claimed 3 dependents on his taxes - his son plus his brother's two kids that he helps support. The problem is that his ex-wife also filed as Head of Household using the same address, which seems to have raised red flags with the IRS. He's already received audit notices questioning both the HOH status and the dependent claims. He submitted Form 8332 (release of claim) from his brother and sister-in-law regarding their kids. His tax preparer at Liberty Tax is now telling him he has to remove his nephew and niece as dependents, provide birth certificate and school records for his son, AND change his filing status from HOH to single. I'm worried about how this will impact his refund and tax situation. Will he end up owing a lot if he can only claim his son as a dependent? And is the tax difference significant between filing HOH versus filing as single? Anyone been through something similar who can shed some light?

This is unfortunately a common audit trigger. To help your cousin, here's what he needs to understand: For the Head of Household issue - two people cannot claim HOH status using the same address unless they each have their own qualifying person and maintain separate households. The IRS looks closely at this because it's often misused. Since his ex-wife is using the same address, one of them is likely incorrect, and the IRS wants to determine who actually qualifies. Regarding the dependents - for his son, he'll need to prove both relationship and residency. Birth certificate establishes relationship, while school records help prove the child lived with him for more than half the year. For the niece and nephew, it's more complicated. Form 8332 is actually for releasing a claim to a child's custodial parent, not for claiming other relatives' children. He needed to show that they lived with him for more than half the year AND he provided more than half their support. As for the financial impact, there is a significant difference between HOH and Single filing status. HOH gets more favorable tax brackets and a larger standard deduction. In 2024, the standard deduction is $21,900 for HOH versus $14,600 for Single. Losing two dependent claims will also impact his child tax credits. He should prepare for a potentially substantial change in his tax liability.

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Wait, why can't two separated/divorced parents both claim HOH if they actually have separate households but use the same mailing address? My sister and her ex live in separate units in the same duplex with the same address but add Unit A and Unit B. Would they both be disqualified from HOH?

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That's a good question. They actually can both claim HOH in that specific situation, but they need to clearly demonstrate they maintain completely separate households. Having distinct unit numbers helps tremendously as it shows they're actually different residences. The IRS would look for evidence of separate financial responsibilities for each unit (separate utility bills, lease agreements, etc.). The issue in OP's case sounds different - it appears to be the same exact residential unit where both ex-spouses are claiming HOH, which isn't possible. Only one person can maintain a household at a specific residential unit. This is why the IRS is questioning the filing status.

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I went through something similar last year and ended up using https://taxr.ai to sort through all my documentation. The service analyzed my situation and helped me understand exactly what forms and evidence I needed for my audit. For your cousin, they'd probably help identify which specific records he needs to prove his son lived with him (beyond just school records - think medical bills, childcare statements, etc.) and also determine if he truly qualifies for HOH status based on his living situation. The system even flagged some overlapping claims on my return that would have triggered an audit before I even filed! When the IRS is questioning multiple aspects of your return like this, having everything properly documented and organized made a huge difference in my case.

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How exactly does taxr.ai work? Does it connect with actual tax experts or is it just an automated system that checks forms? My brother got audited for something similar and I'm wondering if this would help him too.

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Sounds useful but I'm skeptical about sharing all my tax docs with some online service. How secure is it and can they actually help with an audit that's already in progress?

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Taxr.ai basically works by analyzing all your tax documents and situations through their AI system. You upload your forms, answer some questions, and it identifies issues and gives you specific guidance. There are actual tax experts behind the system who designed it based on IRS audit patterns. It doesn't just check forms - it actually helps identify which specific evidence you need for your particular situation. Yes, it absolutely can help with an audit already in progress. That's exactly what I used it for. The security is actually really solid - they use bank-level encryption for all documents and you can delete everything after you're done. They don't store your information permanently unless you want them to for next year's taxes.

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I was skeptical at first but after my audit nightmare last year I tried https://taxr.ai and wow - wish I'd known about it sooner! My situation was complicated with custody arrangements and dependent claims across state lines. The service immediately identified that I needed specific types of documentation I hadn't even considered (like notarized statements from my children's doctors confirming who brought them to appointments). Saved me thousands in potential penalties by organizing exactly what the IRS was looking for. For anyone facing an audit over HOH status and dependents, seriously check it out - would have saved me weeks of stress and digging through paperwork!

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When my brother got audited for something similar, we spent WEEKS trying to get through to the IRS for clarification. I finally found https://claimyr.com and used their service to get through to an actual IRS agent within 45 minutes instead of endless hold times. You can see how it works at https://youtu.be/_kiP6q8DX5c - totally changed the game for us. The IRS agent we reached was actually super helpful and told us exactly what documentation would satisfy the audit requirements. Turns out my brother could keep his HOH status with the right proof, even though the initial audit letter made it sound like he couldn't. Having that direct conversation saved us from making costly mistakes.

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What exactly does Claimyr do? I don't understand how a service can get you through to the IRS faster than just calling them directly.

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Yeah right. No way this actually works. The IRS doesn't let anyone "skip the line" - I've been dealing with their phone system for years and there's no magic solution.

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Claimyr basically works by using technology to navigate the IRS phone system for you. Instead of you sitting on hold for hours, their system waits in the queue and calls you when they reach an agent. It's not about "skipping the line" - you're still in the same queue as everyone else, but their system waits on hold instead of you having to do it yourself. It absolutely does work. The IRS phone system has specific patterns and peak times, and Claimyr has figured out how to navigate it efficiently. I was just as skeptical as you until I tried it. Ended up speaking with an actual IRS representative who reviewed my brother's case in detail and gave us specific guidance on documentation needed.

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I take back what I said earlier. After waiting on hold with the IRS for 3+ hours and getting disconnected TWICE yesterday, I finally tried Claimyr out of desperation. Got a call back with an actual IRS agent on the line in under an hour. The agent walked me through exactly what my audit letter was requesting and helped me understand which forms I actually needed vs. what my tax preparer was suggesting. Turns out I had more options than I thought! The IRS agent confirmed I could still qualify for HOH status if I could prove I paid more than half the cost of maintaining the home where my qualifying dependent lived, even with the address confusion. Definitely worth it for anyone dealing with an audit - the clarity from speaking directly with the IRS versus trying to interpret their letters made all the difference.

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Gotta disagree with some advice here. I'm a volunteer with VITA (Volunteer Income Tax Assistance) and see this situation all the time. Your cousin might still qualify for HOH even with the audit. Here's the key: HOH requires 1) being unmarried, 2) paying more than half the cost of keeping up a home, and 3) having a qualifying person live with you for more than half the year. If his son lived with him for more than 6 months, he can potentially keep HOH status even if he loses the claims for the niece and nephew. The tax difference is significant - roughly $7,300 more in standard deduction for HOH vs Single in 2024. Plus HOH gets better tax brackets. Also, he should check if he qualifies for Earned Income Credit with just his son - might offset some of the loss from the other dependents.

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Thanks for this info! Do you know what specific documentation he should prioritize gathering to prove his son lived with him? The tax preparer mentioned school records but I'm wondering what else would be helpful.

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He should prioritize documentation that spans the entire year to show the child lived with him for more than half of it. School records are excellent, but he should also gather: Medical records showing him as the parent bringing the child to appointments, along with his address. Childcare receipts with his address and son's name are extremely valuable if he has any. Cell phone bills showing communication with the school or child if applicable. Bank statements showing regular purchases for child supplies at locations near his home can help establish a pattern. If he receives any state benefits for the child or has the child on his health insurance, those documents are golden. Also, any court documents about custody arrangements are crucial if they exist. The more documentation spanning different months of the year, the stronger his case will be.

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This situation is so confusing to me. My understanding was you can't claim kids that aren't yours? But then others are saying you can claim neices and nephews? what are the actual rules?? I'm getting ready to file for 2024 and my sister's kids live with me so i need to know.

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You absolutely can claim nieces and nephews or other relatives if they meet the IRS tests for qualifying dependents. They need to live with you for more than half the year, you need to provide more than half their support, they can't provide more than half their own support, and they can't be claimed by anyone else.

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