I am a single mother & support my son fully although throughout the week he stays at my parents house since it is closer to his school. We both claimed my son on taxes. Who is more likely having to pay back the IRS?

This one is dicey. I checked with a buddy of mine at the IRS. In an audit, it will be based on your son's social security number coming up as being listed on two or more tax returns. First off who has legal custody you or the father? Does your son's father provide support by court order? Do your parents have any court order for custody or guardianship? The IRS, along with other agencies, have a unwritten rule - if it ain't it writing it didn't happen. Without any record you could come out on the short end and only get the deductions for summer break but since mom and dad don't have any legal requirements to provide custody, their support could be considered as gifts, which in this case is not a deduction. You can cross your fingers and hope the Infernal Revenue's computer doesn't flag either return or you can both latch onto a tax attorney to get some guidleines.

Since i don't keep tabs on what i spend on my grandchildren i would not think of claiming them on my tax return. I have always thought of it as gifts. You are the mother and i don't believe the grandparents can claim the child without your permision if .Anyone has to pay back. Leagal the grsndfather would. Have to pay. With you permision your dad depending on his income could claim hoh and get tax credit.