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Old 02-04-2012, 08:45 PM
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Join Date: Feb 2012
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Should I file and how? Or should he claim me?

Hi I have a slightly unusual situation and I'm unsure as to how to proceed.

I worked from the middle of March '11 until end of May '11 for a friend's company. I was issued checks by his DBA name and was told that I am an independent contractor. I have copies of when I worked, the checks I deposited, and my cell phone with the calls that I made for that company(during that time about 60%+ of calls made on my personal cell were for work). The business very suddenly and unexpectedly went under (it was a franchise and the parent company pulled it out from under them in the middle of my shift). I believe his company is now dissolved and/or filing bankruptcy (I know nothing about this and believe they may even be in the middle of a lawsuit over it all).
He doesn't think he will be issuing me any sort of 1099. My income during this brief time comes to about $3000.
I know I don't have to, but I am under the assumption that I can file without anything from his company. Is this true?

I live with my fiance, our baby, and my son from a previous relationship. Last year, he claimed our baby, I claimed my son, and it worked out wonderfully in terms of our refunds. This year, I have not worked (besides those two months), and he provides for all four of us 100% of the time. I am under the impression that he can file Head Of Household and claim both myself and my son since he provides for all of us.
I also received a 1098 from my college for the tuition that I paid($648) at the end of 2011 for the Spring 2012 semester.


I have several questions concerning our situation and how to proceed:
  • Does my tuition paid count, even though it is for the 2012 school year?
  • Should I file separately so I can claim my income(even though I'm assuming I will owe), my son (and therefore the Earned Income and Child Tax Credits), and my tuition(if applicable)?
  • Or should my fiance claim all four of us? (since I do not have to file since I made less than $3500)
  • Can he claim my son for the Child Tax Credit?
  • Does he make too much(42k) to receive EIC?
  • Can he claim my tuition, since it is he who paid it and I would be considered a dependent of him?

I basically have no clue what is the best route to go, or if I even have my facts straight. Any guidance whatsoever would be greatly appreciated!
Thanks in advance!



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