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Can parents and a sibling split the dependents children? URGENT

Level 3

A parent has 5 children under 19. He sked me if he can claim 3 children on his return and allow his 20 your old son(who has income) to claim the 2 remining kids?  They all live together.


Can I file their taxes claiming 3 children in parents return and 2 children in his oldest son return?  

Please advise. Thank you

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Level 15

That gets into the tiebreaker rules, and I think the one that applies is:

  • A parent can claim the child but doesn’t: The person who had the highest AGI for the year may claim the child, but only if that person's AGI is greater than the AGI of any of the child's parents who can claim the child