This is a family I know personally so there is no doubt as to the facts. I'm working on 2011 and 2012. 2011 was not filed timely because of a controversy not related to this post that is still ongoing. I kept expecting to settle 2010 and then file 2011 and I saw no point in filing 11 until the IRS asked me to. A mother and her child live with and are supported by her parents. She is a full time student with no income but she was only working toward her GED in 2011 when she was under 24 so she does not get the parents EIC or any other benefit beyond her personal exemption. Now I know that the grandparents do qualify for EIC based on the grandchild but I do not know how to answer the due diligence questions. Since the mother has no income, and is herself a dependent, could she claim the child? My software lets me say no and it asks no more questions or it lets me say yes and then say that if the tirebreaker rules were to apply the taxpayers would win. The problem with the latter seems to me to be that TTB says the parent always wins tie breaks. Besides that we all know dependents cannot claim dependents. (Apparently the IRS does not know about codependency.) Any thoughts?
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My thoughts are that the answer to-- can someone else claim the grandchild would be No. Since child's mother is a dependent herself and therefore provides no support to her own child, she cannot claim the child. -
Nope
Also since she has no Earned Income she can't claim EIC either.Comment
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TY Both
That is what I was thinking too.Comment
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