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<< Last year when I filed my son and I was able to apply for the EIC. Late last Spring I became disabled and had to apply for SSI. My oldest son came to live with us to help me physically and monetary wise. I will not be filing taxes this year. May my older son claim his brother under EIC? >>

Regarding EIC, what's important is whether the claimant has a qualifying child. Your younger son is not your older son's child, so he doesn't affect your older son's eligibility for EIC.

What your older son should look into is Unmarried Head of Household filing status and dependency exemptions for you and his brother. (There isn't nearly enough information in your post to determine what's possible.)

You can read about filing status and dependents in the FAQ or in IRS Publication 501.

Phil Marti
Tax Preparer
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