Legal Question in Tax Law in New Jersey

Brother filed me on income tax forms as dependent

I am a married person whose husband has yet to reach usa from india due to immigration law requirements.anyway since i had to come here to make a headstart on things, i have been working for the last 5 months as a teller(which pays me for basic amenities).meanwhile without my knowledge my brother who is living with me and my parents and sister and drawing a pretty good income, has filed me as dependent without my acknowledgement for the 2002 and 2001 yr endings.basically he is making money out of me and says i dont deserve any part of it.he hasnt spent a penny on me, says its money i wud never have anyway, so i shud just shut up!!isn't this illegal in the first place and secondly morally should he at least be feeling that since i am the underprivileged one, i deserve wat he is claiming from the irs?I am highly depressed becoz this money makes a difference to my living standards and this is money i can use for renting an apartment wen my husband comes here.roughly he earns 60,000 dollars and claims to have spent 4000 on me in one yr and gets a refund of at least 2000 by including my name in his tax returns!and i earn less than 14000 dollars!!!


Asked on 2/09/03, 8:34 am

3 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Brother filed me on income tax forms as dependent

You don't have any right to a portion of the tax benefits claimed by your brother. Your choices are simply to (1) let the matter lie as it is, or (2) alert the US Internal Revenue Service that your brother is falsely claiming you as a dependent. They might well figure it out when their computers see that you have filed your own tax returns with income of roughly $14,000.00 during the tax years when you are being claimed as a dependent.

Best wishes,

LDWG

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Answered on 2/09/03, 5:35 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Brother filed me on income tax forms as dependent

As a wage earner, you are required to file your own personal return. Claim yourself as a dependant and this will cause IRS to question your brother. If he claimed you improperly, they will go after him for the false in formation. In the meantime, if you had taxes withheld, you could get your own refund.

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Answered on 2/09/03, 11:54 pm
Benjamin Laves Benjamin S. Laves, Esq.

Re: Brother filed me on income tax forms as dependent

You are not responsible for your brother's behavior, criminal or otherwise. Your brother would be wise to seek advise from a tax professional before filing his return.

You are responsible for filing your own tax return and should do so. If, based on your return, you are entitled to a refund, the IRS will send you one.

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Answered on 2/10/03, 11:36 am


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