Claiming dependents on 2004 Federal & State taxes

[ckenney]

What is the name of your state?What is the name of your state? Illinois

I am a divorcee. I recently prepared my 19 year old (DOB: 11-17-1985) son's taxes for 2004. In my e-mail today I was notified by the IRS that someone had already claimed my son as a dependent on their taxes (my ex-husband did). My son did live with my ex-husband most of the year, however my son earned $7,600.00 in 2004. From what I am reading on this subject, he CANNOT claim my son as a dependent since he was 19 before the end of the year and he earned over $3,100.00 during the 2004 tax year. Am I correct that my ex-husband is wrong in claiming my son on his taxes and keeping the money that my son should get? If I am correct and my ex-husband filed his taxes incorrectly, what can I do about getting this matter corrected? Thank you in advance for your advice.

 

[Snipes5]

I'm assuming your son wasn't a full time student for at least 5 months of the year.

You will have to file your son's return on paper rather than efile.

Prepare the return for mailing, and attach a statement indicating that your son's return was attempted to be efiled, and was rejected, and give the reason.

Also indicate that your son earned more than $3100 and was not a student, and is therefore entitled to his own exemption.

The IRS will take care of the rest.

Snipes