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Who will be penalized?

my child is in college and we claimed him on our 2007 tax return. i told him to claim zero when he filed his return, but he claimed himself. we filed first. does that make a difference. i don't think he made over $3000 for the year.

He'll have to amend his return to drop claiming himself if you meet the requirements to claim him. If he doesn't, the IRS will be writing to both of you telling you that one of you has to amend or THEY will decide.

It doesn't matter who filed first. What counts is who had the right to claim him.

Nobody will be penalized. He's almost surely the one who isn't eligible to the claim, and if he made under $5350 for the year he wouldn't owe tax anyway.

He will need to file an amended return if necessary.

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