< Back to IRS

Abby Marshall

I'm Going to Tax Court to Prove My Children's Residency Requirements - Looking for Advice

Hey everyone, just found out I'm heading to tax court and feeling pretty overwhelmed. I need to prove my kids lived with me for at least 6 months during 2021 to keep my dependent claims. I've claimed them on my taxes every single year for the past decade without any issues, but suddenly got hit with an audit and couldn't gather enough documentation to satisfy the IRS. Now I'm staring at a court date and have no idea what to expect. Should I hire a lawyer for something like this? Is it even worth the cost? Has anyone gone through the tax court process for dependent disputes? What kind of evidence would be most convincing? School records? Medical appointments? I have some documentation but clearly not enough to satisfy the initial audit. This whole situation is making me sick with worry. I'm not trying to cheat the system - my kids really did live with me! Any advice would be so appreciated.

I've worked with several clients who've been through this exact situation. The good news is that Tax Court for dependency issues isn't as intimidating as it sounds. First, you absolutely don't need a lawyer for this - many people successfully represent themselves for dependency cases, especially when the facts are on your side. For evidence, you'll want to create a comprehensive residency timeline. School records are excellent - get official attendance records showing your address. Medical records showing you as the parent bringing them to appointments are very valuable. Also gather utility bills showing increased usage consistent with additional household members, photos with timestamps showing regular presence in your home, and statements from third parties (teachers, neighbors, doctors) who can verify your children lived with you. Don't forget about everyday evidence that's easy to overlook - receipts for children's clothing, activities, or groceries showing you supported them, text messages coordinating pickup/dropoff if there's a co-parent, and library card records or other community activities.

0 coins

Thanks for the detailed response! I've got school records but didn't think about utility bills showing increased usage. One question though - for the statements from third parties, do these need to be notarized or can they just be signed letters? Also, would text messages with my ex about our custody arrangements be helpful since they show we were following our agreement?

0 coins

For third-party statements, they don't necessarily need to be notarized, but they should be signed and dated. The more formal they appear, the better, so having them notarized can add credibility, but it's not required. If possible, have the statements include specific dates or time periods they observed the children living with you. Text messages with your ex about custody arrangements would be extremely helpful. They're contemporaneous evidence that shows you were following the custody agreement in real-time. Print these out in chronological order and highlight the relevant parts that demonstrate when the children were staying with you. This kind of evidence is particularly powerful because it wasn't created for the purpose of the audit - it's authentic documentation from when the events were actually happening.

0 coins

After going through a similar nightmare with the IRS questioning my dependents, I discovered taxr.ai and it honestly saved my case. I had boxes of unsorted documents and no idea how to organize them to prove my case. I uploaded everything I had (school records, medical bills, even grocery receipts) to https://taxr.ai and their system analyzed all my documents to identify the strongest evidence showing my kids' residency. The best part was they created a timeline showing exactly when my kids were with me, highlighting the strongest proof documents. They even flagged documents I hadn't considered important but turned out to be critical for establishing the six-month requirement. It made preparing for my meeting with the IRS so much less stressful.

0 coins

Does taxr.ai only help with organizing existing documents or can they help identify what other documents might help my case? I'm in a similar situation but worried I don't have enough evidence yet.

0 coins

I'm a bit skeptical about using online services for something as serious as a tax court case. How secure is it to upload all your personal documents? And did they actually help you win your case or just organize stuff?

0 coins

They actually do both - they analyze what you have and then provide recommendations for additional documentation that would strengthen your case. For example, after reviewing my initial uploads, they suggested I get affidavits from my children's teachers and gather health insurance records showing the kids as my dependents. These ended up being key pieces of evidence I hadn't thought about. Regarding security, I was concerned about that too initially. They use bank-level encryption for all document uploads and storage. They also have a clear privacy policy stating they don't share your information with third parties. In terms of results, they didn't just organize my documents - the analysis they provided helped me understand exactly which evidence supported each requirement for the dependent claim, which made a huge difference when I presented my case.

0 coins

Just wanted to follow up - I took the advice about trying taxr.ai and it was incredibly helpful for my situation! I was drowning in paperwork and unsure which documents actually mattered for my case. After uploading everything, I got a detailed report showing the strongest evidence I had for each month my child lived with me. The system flagged gaps in my documentation for February and March that I hadn't noticed, which gave me time to track down additional proof before my hearing. It also organized everything into a timeline that made it super easy to present my case. Just had my hearing last week and the judge ruled in my favor! Definitely recommend checking out their service if you're preparing for tax court.

0 coins

Had a somewhat similar experience last year when the IRS questioned my dependent claims. After weeks of getting nowhere with the IRS (constant busy signals and disconnected calls), I found Claimyr through a Facebook group. It's a service that basically gets you connected with an actual IRS agent instead of waiting on hold forever. I was super frustrated after trying to call the IRS for literal weeks. I used https://claimyr.com and they got me connected to an IRS representative in about 20 minutes when I had been trying unsuccessfully for days. There's a demo video at https://youtu.be/_kiP6q8DX5c that shows how it works. Once I actually got to speak with someone, I was able to get clear guidance on exactly what documentation they needed and managed to resolve my case without having to go to tax court. Might be worth trying before your court date to see if you can still resolve this directly.

0 coins

How does this Claimyr thing even work? Sounds fake honestly. If it was that easy to get through to the IRS, everyone would be doing it.

0 coins

Yeah right, like some random service can magically get through to the IRS when their phone lines are completely jammed. I tried calling them 27 times last month and never got through. What's the catch here? Sounds too good to be true.

0 coins

It's actually pretty straightforward - they use a specialized dialing system that continually calls the IRS using multiple lines until one connects, then transfers that connected call to you. It's not magic, just technology that regular people don't have access to. The system basically does the waiting for you instead of you having to sit there with your phone on hold for hours. As for the skepticism, I felt the same way initially. But after trying to reach the IRS for weeks on my own with no success, I was desperate enough to try it. They don't guarantee they can get through every time, but in my experience, it worked when nothing else did. The real value is in the time saved - instead of spending days trying to get through, I was connected in under half an hour.

0 coins

I have to apologize for my skeptical comment earlier. After my frustrating experience trying to reach the IRS, I decided to try Claimyr out of desperation. I honestly didn't expect much, but I was connected to an actual IRS agent in about 15 minutes. After explaining my situation about my dependent claim issue, the agent was able to tell me exactly which forms I needed to submit and where I had gone wrong with my documentation. They even gave me a direct fax number to send the additional evidence. I submitted everything last week and just got confirmation that my case has been resolved in my favor - no tax court needed. Saved me so much stress and potentially thousands in lawyer fees. Sometimes it really is just about getting the right person on the phone.

0 coins

Just a practical tip from someone who went through tax court for a similar issue - request your cell phone records from 2021! They show your location data throughout the year and can be powerful evidence that you were in the same location as your children. Also, if you have a co-parenting app or calendar that tracks custody time, get a complete export of that data. Make sure to create a simple calendar visual that clearly shows the days your children were with you - judges appreciate easy-to-understand visuals rather than just stacks of documents. I created a color-coded calendar that made it immediately obvious I had the kids more than 6 months.

0 coins

That calendar visual idea is brilliant! Did you just use like a regular wall calendar and highlight days, or did you make something digital? I'm not very tech-savvy but could probably figure out a basic spreadsheet if that would look more professional.

0 coins

I actually did both! I created a digital calendar in Excel where I color-coded days (green for days with me, yellow for days with their mom), and then printed it out. I also made a simple count at the bottom showing the total days for each month and the running total for the year. The judge really appreciated having that visual. Even a hand-colored paper calendar would work fine - the key is making it easy for the judge to see at a glance that you met the six-month requirement. Just make sure you can back up each colored day with some form of evidence. I organized my evidence by month in a binder, so when the judge questioned a particular period, I could immediately turn to that section and show the supporting documentation.

0 coins

Don't forget about financial evidence! Bank statements showing regular purchases at grocery stores, children's clothing stores, and restaurants near your home can help establish a pattern consistent with having children living with you. Also, get a record of any child support payments you made or received - they help establish the formal custody arrangement. If your children participated in any activities (sports, music lessons, etc.), get attendance records and receipts for those as well. Did you claim your children on your health insurance? Get documentation from your insurance company showing they were covered under your plan in 2021.

0 coins

This is all good advice but keep in mind the IRS isn't just looking for evidence you SUPPORTED the kids financially - they specifically need proof the kids LIVED with you for more than half the year. I've seen people bring tons of payment receipts but still lose because they couldn't prove physical residency.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today