Yes, if your dependent qualifies as a dependent under section 105(b) for reimbursements of expenses for medical care, they qualify to be your dependent, despite the income threshold.. The issue is, Turbo Tax does not have a provision for this in the software. If you report your dependent made over $5050 for the year, they are disqualified as a dependent.
The only thing you can do is say no to the question regarding the income requirement. If you are contacted by the IRS, you can explain your partner qualifies under Section 105(b) exclusion but Turbo Tax had no provision in the software to account for this. If you choose to report this in this manner, make sure you have documentation and medical receipts to prove your claim.
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