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Is this lady entilted to claim her son?

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    Is this lady entilted to claim her son?

    New client. Widowed lady in 2015 has a son in his 40's who resides with her for which she pays nearly all of his living expense yet she is not claiming son as a dependent. Reason is the son works for a little bit over min wage and he files his own tax return and claims himself. The lady's AGI is in excess of $100K. I cannot think of any reason why the lady cannot claim her son as a dependent and the son files his own tax return but NOT claiming himself. Also, from what the lady told me, her husband filed their taxes since they were married and never claimed their son as a dependent. If she was to amend past years (filed on time no exts) before Apr 15, 2016 and claimed the son as a dependent, can she start with tax year 2012?

    #2
    He needs to pass the gross income test.

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      #3
      Many

      As BP replies, meet dependent test.

      Also, amended return time limit issue can be found by doing a search on this issue since there are many posts on this issue and one within the past month or two.
      Last edited by TAXNJ; 03-08-2016, 07:29 AM.
      Always cite your source for support to defend your opinion

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        #4
        You did not say how much he made, but for 2015 it would have to be less than $4,000. For prior years, it would be less (see exemption amount for those years.)

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