Education Credit AOC

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  • Bonnie
    Senior Member
    • Jan 2007
    • 568

    #1

    Education Credit AOC

    Taxpayer supporting live in girlfriend and 2 children they have together. Girlfriend is going to college and has some AOC. I've never had this situation. I know parents can claim the education credit on their return for dependent child. Reading Tax Book, it says you can claim credit for yourself, spouse, or someone you claim as a dependent. Doesn't specify dependent must be child so I think he can get the AOC for girlfriend. Wondering what others think.
  • Bonnie
    Senior Member
    • Jan 2007
    • 568

    #2
    See people looking at this but no replies. Anyone have an opinion

    Comment

    • dkss
      Senior Member
      • Dec 2007
      • 226

      #3
      After a cursory look at The TaxBook and Pub 970. The wording does sound like it would be allowable if all others factors are met. Although, it does not "sound" right, we know that tax laws can be contradictory to common sense.

      Hopefully, someone more knowledgeable and who enjoys reading the actual tax code could speak up!

      Comment

      • Bonnie
        Senior Member
        • Jan 2007
        • 568

        #4
        Kinda my thoughts and why I asked for others opinions. Didn't seem right at all in my mind but the way I read it I can do it

        Comment

        • Bill Tubbs
          Senior Member
          • Jan 2006
          • 495

          #5
          2 cents

          FWIW, my 2 cents is this is allowed. I allowed it on one return last week. Granted, I did not research this particular point because my understanding is this is allowed. However, like I said, unresearched, so I may be wrong... (it's happened before)

          Bill

          Comment

          • oceanlovin'ea
            Senior Member
            • Jun 2005
            • 2682

            #6
            Claiming dependent

            I think that part of the qualifying for a dependent person is that the relationship between the taxpayer and the dependent person does not violate local laws. For example, in the state of Florida is illegal or unlawful for people to live together without being married. Of course, no one enforces that law but nevertheless it is a state law. So in the state of Florida a man could not claim his girlfriend. He could claim the children if he supported them but even if she earned zero money, he couldn't claim her.

            Linda, EA

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