TAS advocated for a taxpayer who was audited by the IRS for two consecutive tax years. For numerous years, the taxpayer claimed Head of Household filing status and the Earned Income Tax Credit (EITC) with her dependent adult grandson who meets the definition of “permanent and totally disabled.” The audits for each year were conducted by two different IRS offices. The first audit was closed without any change, allowing the taxpayer’s filing status and tax credits claimed on the return as filed.
The second office conducting the latter year audit proposed disallowing the tax credits and deductions relating to the grandson. The IRS asserted that the taxpayer’s documentation did not adequately substantiate the residency and support criteria necessary to claim the child as a dependent and the EITC.
TAS successfully advocated for this taxpayer explaining to the IRS why the provided documentation was adequate. The IRS agreed and sent a corrected notice to taxpayer allowing the EITC and the dependency exemption for the taxpayer’s grandson on the latter year return.