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The other answers are somewhat correct, however, the first return to arrive will automatically get the deduction and the second will be delayed. Once the second return arrives at the IRS, it will be flagged and both parties will be mailed a letter. The letter will state that this dependant was claimed on two separate returns and that only one of you can claim him/her.

In most cases, the parent with residential custody (this is the parent the child lives with) will qualify for the dedutcion. To claim a dependant, that person had to live with you for more than half the year. Weekend visitations do not qualify for half of the year.

In the future, it is best to work this out in advance, as there is a chance of both parties involved being audited after this happens. Take turns claiming the dependant. If it is a mother/father situation where there is a common child and that child is the dependant being spoken of, have this added into your custody/child support court order. It will save many headaches in years to come.

2007-02-06 15:13:24 · answer #1 · answered by Anonymous · 0 0

Both people will get a letter from the IRS asking for proof that they are the one who can claim the dependent. The IRS will review their information and decide which one is correct- the other will then have to pay back the additional taxes, with interest.

2007-02-06 23:53:28 · answer #2 · answered by Judy 7 · 0 0

If you are talking about two separate tax returns claiming the same dependent, the IRS computers will catch the duplicate SSN and kick it out, prompting a letter to both parties to prove which one gets to keep the dependent on their return.

2007-02-06 22:49:41 · answer #3 · answered by Brian G 6 · 0 0

The second return to arrive at the IRS would be delayed. Bothe returns would be flagged for scrutiny. One taxpayer would be denied the dependent, and if they have received a refudn, would have to pay back the difference.

2007-02-06 22:48:57 · answer #4 · answered by Anonymous · 0 0

Most likely, both of you would get audited, and one of you would get penalized.

2007-02-06 22:53:24 · answer #5 · answered by McDreamy 4 · 0 0

One of them would go to jail.

2007-02-06 22:49:03 · answer #6 · answered by October 7 · 0 1

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