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Amending tax returns due to missed 1098-T

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quick.silver

Junior Member
Hi everyone,

I am very confused how to amend my 2012/2013 returns. Following are the facts:

1) My girlfriend lived with me for entire 2012. She earned less than $3,800 and I paid for all her expenses. Thus I claimed her as a dependent on my tax return and she marked on her return that someone else was claiming her as a dependent.
2) She received a 1098-T for around $10,000 in education expenses in 2012. This was for the tuition paid in 2012 for 2012 fall semester and 2013 spring semester.
3) In 2013, she dropped out of spring 2013 semester and got a tuition refund of $5,000. So she got another 1098-T from the same college for the year 2013, which showed an adjustment of $5,000 in Box 4.
4) She joined another college in 2013 and got a 1098-T from them as well.
5) We got married in 2013 and filed a joint return for 2013.

I forgot to use her 1098-T forms from the first college (the one she dropped out of in 2013) in both 2012 and 2013 tax returns, which I believe I was eligible for. I did include the 1098-T from the second college (the one she attended in 2013) in our 2013 tax return and claimed the 20% education credit (via form 8863) in the 2013 tax return. So now I want to amend my returns to get the tax refund for $10,000 - $5,000 = $5,000 education expenses she incurred in 2012.

I'd like to know your suggestions to figure out how to proceed. I see two options:

1) Amend 2012 tax return and claim $10,000 - $5,000 = $5,000 as the education expenses. I can submit both 1098-T forms from 2012 and 2013 and explain in the cover letter the reason behind the calculation.
OR
2) Amend 2012 tax return and claim $10,000 as education expenses, as well as amend 2013 tax return and pay additional tax due for the $5000 that she received as a refund in 2013. This would mean that I'll get extra tax refund for 2012, and will have to pay for the 2013 additional tax due along with interest and penalties.

I'm really inclined to go with option # 1, as its less work, but I'd like to know from the experts here if that would fly with IRS or not? Please let me know if any other information or clarification is needed. Thanks a ton for your time!
 
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