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That is correct. It would not be considered reckless disregard, however, since the other family did have them with them for more than 6 months they may try to claim them.
You may want to consider e-file instead of paper file, this will let you know right away if your return will be rejected and if the children are already claimed or not. This would at least tell you if you want to go down that road or not.
If the other family does claim them and would win, the IRS would simply adjust your refund and remove any credits related to the kids for 2024. This may delay processing of your return. However, as you pointed out, it would not be considered reckless disregard as long as you do have the right to claim them.
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March 25, 2025
12:52 PM
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