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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I have a question concerning my tax return for 2010. Before

Customer Question

I have a question concerning my tax return for 2010. Before I give you my question I would like to provide some information. My son who was 19 during that calendar year worked part time for about 6 weeks. He was involved in a motor vehicle accident resulting in hospitalization and rehabilitation during the 2010 calendar year and follow on care continuing into this year. When I filled my taxes in February for 2010 I did not list him as a dependent.

So my question for you is did my son qualify as a dependent for the year and would a amended return be a difficult process?
Submitted: 5 years ago.
Category: Tax
Expert:  Jax Tax replied 5 years ago.

Jax Tax : If he was a full-time student, you provided more than 50% of his support, and he lived with you more than 50% of the year, yes.
Jax Tax : Or
Jax Tax : If he lived with you more than 50% of the year, you supplied more than 50% of his support, and he made less than $3650 in 2010, yes.
Jax Tax : Otherwise, no unless the accident has made him 100% permanantly disabled.
Jax Tax : Any of these three, yes. Otherwise no.
JACUSTOMER-2f3k8foq- :

He lived in the home the entire year and I provided all of his support.

JACUSTOMER-2f3k8foq- :

He was only a part time student at the community college up until the accident.

JACUSTOMER-2f3k8foq- :

What is the best way to submit an amended return?

Jax Tax : Did he make less than $3650 in 2010? If so, make sure he did not file and claim himself. Then file form 1040x.
Jax Tax : The best way is to hire someone to do so though you could do it yourself. The form is 1040x
Customer :

No he made about 600$. I think he may have filed a claim.

Customer :

I think he got like 28$ dollars back.

Customer :

Yes he made less then 3650$ and it was about 600$.

Jax Tax : If he claimed himself on his return, you cannot.
Jax Tax : He will either have to amend his return which he will likely owe if he does.
Jax Tax : But, he will have to amend his return for you to claim him.
Expert:  Jax Tax replied 5 years ago.
Please let me know if you have further questions.