Can a student take the tuition deduction in Massachusetts if their parent paid the tuition but cannot take the deduction due to AGI?

Hi,

Section 8 states that "only the person actually making the payments is entitled to the deduction." However, it goes on to state, "In no case may a deduction for the same tuition payment be taken by both the taxpayer and his or her dependent on both their individual income tax returns."

Does the second portion mean a student CAN take the deduction even if their parents paid their tuition, as long as they are not taking it?