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EITC, IRS needs more info????

my brother in law has claimed my 2 oldest children for the earned income credit, he cared for them more than half the year. (car accident while pregnant made it impossible for me to care for them) When he filed his taxes this year, he claimed them as dependants, and the eic. He has since gotten a letter that more information is needed.  We dont know exactly what they need. They went to the same school even though they were with him. he drove them in the morning, and picked them up from school every day. So that doesnt show as proof of anything. im confused, and dont want them to just tell him that he missed some document and prolong this for him. He is their step-uncle. Their father (previous marriage) is incarcerated, and has never claimed them as anything. So there was no way that the tie-breaker thing i read about applies . i thought that i couldnt claim them, since he cared for them more time than i could for the year. The person that helped him file his taxes, pretty much said, i dont know what to tell you, that this situation has never happened to them before. Good luck. He is afraid that somehow he is going to get in trouble or something. any help would be great.

 

should we just send the birth certificates in? or do they need a notorized letter or something from me, since i am legally the custodial parent? sooo confused....


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