[thepeterman]

My daughter is a full time college student living away from home age 23. I paid over 50% of her living expenses in 2008 and she worked earning a little over $10,000. In 08. Her mother claimed her as a dependent as she has since our divorce over 10 years ago. I ented her as a Nondependant - Used for EIC/dependant care only. Turbo Tax instructed me that I could file this way as long as she is a student under 25 & over 19. My return was rejected by the IRS because both parents can't claim as a dependent. When I changed her status to My child away at college Turbo tax also accepted that. I'm just not sure if it's correct since her mom also claimed her as a dependent. Should I just claim her as a non dependent and pay the extra tax (which is significant). Trying to get my ex to amend her return is not an option.

[AtlantaTaxExpert]

Look at the personal exemption line on your tax return. If it adds your daughter's $3,500 personal exemption, that is the reason the IRS rejected it.

File Head of Household and claim your daughter as a "qualifying person" but not as an exemption. That should fix the problem.