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New Member
posted Apr 14, 2024 10:49:16 PM

Can I amend a prior years return to add an additional exemption if the other party also filed his return that year claiming himself, but he has since passed away?

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1 Replies
Expert Alumni
Apr 15, 2024 7:56:02 AM

It depends. You cannot amend to claim a deceased person who claimed his own exemption unless you met the requirements to claim him when he was alive. The following rules apply to claiming a dependent.

You should be prepared with all the documentation showing you were eligible to claim the dependent because the IRS will expect the burden to proof to be on you.  Two tax returns cannot claim the same dependent.  According to you, this person filed as independent.

 

Sending sympathies for your loss.