"Jerohm" <jrmohrREMOVE[at]snet.net> writes:

- quote -

Yes, but check the support calculations in Pub 501. She may
have provided more than 50% of her support, in which case
she wouldn't qualify as your dependent and she could claim
her own personal exemption.

- quote -

Yes.

Phil Marti
Topeka, KS

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

"Jerohm" <jrmohrREMOVE[at]snet.net> wrote:

- quote -

IF she qualifies to be your dependent (pass all five tests),
then she cannot claim the dependency exemption for herself.
In that case, YOU could claim the Lifetime Learning Credit,
even if the expenses are paid with HER funds.

If you qualify to take the exemption - but do not - SHE can
claim the LL Credit for her eligible educational expenses.

Of course, the facts may support the contention that she is
no longer your dependent if she is paying MORE than 50% of
her total support for the year. Then, the LL Credit is hers
to claim, with no cooperation from you.

- quote -

If the situation is the same, why not?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Jerohm wrote:

- quote -

1. She is your dependent.
She can only claim the credit if you forgo claiming an
exemption for her. She can not claim her own exemption.

2. She is not your dependent.
She can claim the credit and her own exemption.

Same set of rules exist for 2004 unless the boys and girls
in Washington D.C. decide to make a change.

--
Alan
http://taxtopics.net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

I have a 21 year old daughter who is a senior in College
(tuition 15K/yr). All of her college expenses, including
living expenses are being paid out of her UG for M account.
She had $9000 of earned income and $14,000 of capital gains.
Am I to understand that if no one claims her as a
dependant, she is entitled to the Lifetime Learning Credit?

If so, will she also be entitled to claim this in 2004 (for
the second semester of her senior year)?

Thank You

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->