Ontario, CA asked in Tax Law for California

Q: My son's grandfather claimed my son and so did I. Who will get the tax credit?

Last year was the first year I had a steady job so I filed my son as a dependent. His mom is threatening me because her dad (the grandfather) claimed him (my son) and the grandfather's taxes were rejected. She keeps telling me I'm not entitled to claim my son, and I'm getting notices from the IRS saying someone else claimed my dependent. I was told by my tax preparer that the father has the right to claim not the grandfather. Now, I'm just trying to cover my bases and be sure I don't owe taxes or will lose or claimed my own son when I shouldn't have. The mother is a dependent of her father so she can't claim him from what I understand which is why he (the grandfather) tried to claim him (my son). Help!

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1 Lawyer Answer
Matthew M Montoya
Matthew M Montoya
  • Tax Law Lawyer
  • Lone Tree, CO

A: You can find the tiebreaker rules (what happens when a dependent is claimed by more than one individual) here:


You can find more in-depth information in IRS Publication 501:


Fortunately, tax law is mostly a federal practice. If you want advice about your specific situation, you would have to consult with a professional.

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