4. Troy is a CPA who prepares the tax returns for Aamna and Samer Mayo who were

Question

4. Troy is a CPA who prepares the tax returns for Aamna and Samer Mayo who were divorced last year. Aamna and Samer have one child named Michi who attends George Mason University on a full time basis and qualifies as a dependent for either Aamna or Samer. Both Aamna and Samer are filing separate returns and each wants to claim Michi as a dependent. The divorce decree does not indicate who gets Michi as a dependent. Troy figures that he will prepare the returns with each parent claiming Michi as a dependent and let the IRS figure it out. Neither tax return disclosed this position. What SSTS sections would possibly apply to this situation?

Explanation / Answer

- In the present case the IRS will treat the child as the qualifying child of the parent with whom the chld lived for the longer periodof time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year

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