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In a situation such as yours, where someone else has already filed their tax return claiming your child, the IRS may give them the deduction since their return was processed first. The only option would be to claim your child and paper-file your tax return by printing, signing, dating and mail out your return. The IRS will probably investigate who really should be getting the deduction. At that point, they will make a decision based on the criteria below, and the taxpayer who incorrectly claimed the dependent will be assessed any additional taxes and penalties, and required to file an amended return. If you would like to call the IRS and report this, their number is 1 (800) 829-1040, but they probably will tell you exactly what I have told you.
A parent may claim their child if they meet either the qualifying child or qualifying relative test as outlined below:
Qualifying Child
These 5 tests (all of them), will qualify a child as a dependent:
Qualifying Relative
These 4 tests (all of them) will qualify a relative as a dependent:
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