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Dependent was marked as a grandchild. Cannot choose child. Grandchild is a child.
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Grandchild is not a child, which is what the statute requires (Code Section 2) :
“(a)Definition of surviving spouse
(1)In general
For purposes of section 1, the term “surviving spouse” means a taxpayer—
(A)whose spouse died during either of his two taxable years immediately preceding the taxable year, and
(B)who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151.”
Do you see grandchild? I don't. Compare the language for head of household (and in many cases, there is no difference in tax):
“(A)maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode, as a member of such household, of—
(i)a qualifying child of the individual (as defined in section 152(c), determined without regard to section 152(e)), . . .”
Section 152( c) then allows:
“. . .(A) a child of the taxpayer or a descendant of such a child, . . .”
If Congress had wanted to include grandchildren for surviving spouse, they could have used the same language they did for head of household.
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grandchild is a child...Here is a link: https://apps.irs.gov/app/understandingTaxes/hows/tax_tutorials/mod05/tt_mod05_07.jsp
here is another link to explain a qualifying child: https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit/qualifying-child-rules#t...
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@working247 Different definitions apply for different Code Sections. You are mixing them up. @BobKamman quoted the Code.
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got it. thank you.