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CGCPA
CGCPA, CPA
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Experience:  over 40 years experience in tax matters
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Received a letter today encouraging me to verify a qualifying

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Received a letter today encouraging me to verify a qualifying dependent. I am divorced and my ex-wife claimed my son in 2009. I attempted to claim him this year and have been informed that he had already been claimed by on another return.
My divorce decree stipulated that I could claim him i him in odd numbered years, however, my ex-wife claimed him in 2009 and consequently I am attempting to claim him for 2010, due to her error last year. Do I qualify since she failed to honor the decree by claiming him in the year I was scheduled?

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Unfortunately, no. To properly get this corrected she will need to file an amended return for 2009 removing your son. Then you will need to file an amended return for 2009 claiming him then. The IRS has gotten specific about honoring divorce decrees and this is now a question item. The amended returns should be accompanied by a copy of the divorce decree.

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