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If the IRS wants the 8862 filled in then do so or remove the EIC from the return.
8862 is to claim certain credits after the IRS has disallowed them they include
1) earned income credit
2) child tax credit
3) refundable child tax credit
4) additional child tax credit
5) other dependent credit
6) American opportunities tax credit.
for the EIC disallowance could be any year after 1996 the others after 2015
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