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Level 2
October 16, 2023
Solved

If spouse dies and the widow has a grandchild, can the widow use the Qualifying Widow status if the grandchild lives with the widow and claims the grandchild?

  • October 16, 2023
  • 2 replies
  • 9 views
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Best answer by BobKamman

I think @George4Tacks is right:  Head of Household.  That's because Code Section 2 requires the widow to have  "a son, stepson, daughter, or stepdaughter of the taxpayer" who is a dependent, and to ignore the rules in Code Section 152 about "qualifying child" and "other dependent."  

2 replies

George4Tacks
Level 15
October 16, 2023

Go through this interview with IRS to determine the status, which I believe will be HOH. 

https://www.irs.gov/help/ita/what-is-my-filing-status

 

Answers are easy. Questions are hard!
BobKamman
BobKammanAnswer
Level 15
October 16, 2023

I think @George4Tacks is right:  Head of Household.  That's because Code Section 2 requires the widow to have  "a son, stepson, daughter, or stepdaughter of the taxpayer" who is a dependent, and to ignore the rules in Code Section 152 about "qualifying child" and "other dependent."  

Intuit Community Champion
October 16, 2023

@BobKamman @George4Tacks Agree  with both of you. had a senior moment. 😁

Intuit Community Champion
October 16, 2023

If spouse passed in 2022, then she should file MFJ for 2022. If her grandchild meets the test for qualifying child, then for 2023,and 2024 she should file as QW, if she has not remarried