A lawyer and her golden retriever are suing the Internal Revenue Service to try and get pets classified as legal dependents – a change that would have some tax benefits for pet owners.
Canine Finnegan Mary Reynolds and her owner, attorney Amanda Reynolds, filed a lawsuit in the Eastern District of New York, arguing that the pooch relies entirely on Reynolds for food, shelter, medical care, training, transportation and more, Forbes reported.
Reynolds argued that Finnegan, an eight-year-old golden retriever, has no independent income, resides exclusively with her and has annual expenses exceeding $5,000 – all requirements for a legal human dependent under IRS rules.
While the IRS defines pets as property, Reynolds says this does not reflect Finnegan’s role in their household, according to QZ.
“For all intents and purposes, Finnegan is like my daughter, and is definitely a ‘dependent,’” the case reads, noting that while the subject may seem unusual, it is “not frivolous or meritless.”
Reynolds goes on to argue that not classifying all pets as dependents is an unfair burden to taxpayers, especially since the IRS says that some pets – namely, service animals – can qualify for tax advantages.
Claiming a dependent can result in tax-favored credits and deductions, according to Forbes. This includes Child Tax Credit (and Additional Child Tax Credit), the Credit for Other Dependents, and the Earned Income Tax Credit, the outlet reports.
There isn’t, however, “any language in case law or statutes that would allow pet owners to claim those tax breaks,” Forbes reports.
While pets have a special place in many households across the country, as seen by a recent study that found “an increasing number of owners have begun to regard their dogs as their children,” the case seems unlikely to move forward.
Magistrate Judge James M. Wicks, who is overseeing the case, has granted a motion to pause the discovery process as the IRS will likely file a motion to dismiss the case.
