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My son got married last year. I claimed him as a dependant. His wife was claimed by her parents. They are both college students. We did their taxes on TurboTax and filed their taxes via mail. Unfortunately, they filed married filing jointly. Nothing in TurboTax under who can file married filing jointly says anything about being a dependant.

That's because they have the absolute right to file a joint return, regardless of what someone else wants to do.

My son and his wife got a notice from the IRS that increased their refund from about $500 to $763. $763 is all that was withheld. My son made $12,500 last year, his wife nothing. The notice said that "You can't be claimed on another person's tax return if your filing status is Married Filing Jointly and you have a tax liability."

Not overly explanatory, but correct as far as it goes. The "unless" part is that the joint return doesn't matter if there would have been zero tax liability had they file separate returns. If they had filed separate returns your son would have had a tax liability.

I called the IRS, they said that you can not change from married filing jointly to married filing seperately after Apr 15.

Correct

Claiming my son saved me about $1500, including tuition credits. My daughter-in-laws parents also saved about $1500. I would guess that the IRS will want us to file amended returns without claiming them as dependants.

Correct

Any ideas? Can we tell the IRS to destroy my son's and DIL's tax return and return all of the $763. They were not required to file.

The only thing I can think you can do is amend your returns and pay up. Verse 256 of that classic "Get all the facts before you act."

Phil
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