IRS rejected my mom's qualifying widow status and now demands $5k - not sure why she doesn't qualify
My family's in a bit of a mess with the IRS right now and I could really use some advice. My father passed away in 2021, so mom filed as married filing jointly that year. Then for tax years 2022 and 2023, she filed as qualifying widow with dependent child. Now the IRS just sent us this scary letter saying she used the wrong filing status and they've changed it to single. They're demanding she pay over $6,300 in additional taxes! We're freaking out and confused about why she supposedly didn't qualify as a widow. My sister is 24 and has been living at home the whole time. She was in college but not full-time (I think that might be the problem?). She didn't have a job and didn't file any tax returns herself. Mom claimed her as a dependent but couldn't get the child tax credit because of her age, so she claimed the credit for other dependents instead. I really think the IRS is wrong about this. Wouldn't the tax software have caught this if she wasn't eligible? The software actually recommended filing as qualifying surviving spouse! Any advice would be so appreciated because we don't know what to do next.
18 comments


Ravi Choudhury
This is a common misunderstanding with the qualifying widow (surviving spouse) filing status. To qualify, your mom needs to have a "qualifying child" as a dependent, not just any dependent. A qualifying child for this purpose must be under 19 (or under 24 if a full-time student). Since your sister wasn't a full-time student, she doesn't count as a qualifying child for the filing status requirement, even though she can still be claimed as a dependent under the "qualifying relative" rules. That's why your mom was able to claim the Credit for Other Dependents but not the Child Tax Credit. This is a subtle distinction that tax software sometimes misses during the interview process. The qualifying surviving spouse status is very specific - you must have a qualifying child dependent (not just any dependent) to use it. Your mom should respond to the IRS letter with a payment plan request if she can't pay the full amount immediately. The good news is, you can usually get on a reasonable monthly payment plan with minimal hassle.
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Isabella Silva
•That makes more sense but still frustrating. So if my sister had been full-time in college instead of part-time, would mom have qualified to file as a widow? And if that's the case, could we submit documentation showing my sister's enrollment to fix this? Also, is there any chance we could appeal the $6,300 amount? It's a huge financial burden for mom right now.
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Ravi Choudhury
•Yes, if your sister had been a full-time student under age 24, your mom would have qualified for the surviving spouse status. Unfortunately, you can't retroactively change your sister's student status for tax purposes - the IRS looks at the actual enrollment during the tax year. Regarding the amount owed, you can request an audit reconsideration if you believe the calculation is incorrect. However, if the only issue is the filing status change from qualifying widow to single, then the tax difference is likely calculated correctly. Your best option is to call the IRS and request a payment plan. If your mom is experiencing financial hardship, she might qualify for an Offer in Compromise or Currently Not Collectible status.
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CosmosCaptain
I went through something similar with my taxes last year and found this document analysis tool called taxr.ai that helped me understand exactly why the IRS was challenging my filing status. I uploaded the IRS letter and my tax returns to https://taxr.ai and it highlighted the specific requirements I was missing for my claimed status. The tool showed me that I had misunderstood a key requirement about dependents vs qualifying children (similar to your situation). It also suggested the correct way to respond to the IRS with proper documentation. Ended up saving me from making the same mistake again and helped me craft a response that got the penalties reduced.
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Freya Johansen
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Omar Fawzi
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CosmosCaptain
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Freya Johansen
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Chloe Wilson
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Diego Mendoza
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Anastasia Romanov
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StellarSurfer
I think everyone is missing something important here. OP, you said your dad died in 2021 and mom filed MFJ that year, then filed as qualifying widow for 2022 and 2023. That's correct procedure. But to qualify as a surviving spouse (widow), there's a two-year limit after the year your spouse died. So if your dad passed in 2021, she could use qualifying widow status for 2022 and 2023 tax years, but not for 2024 (which would be filed in 2025). Has the IRS specified which tax year they're disputing? If they're challenging her 2022 or 2023 returns, then the student status of your sister is probably the issue as others mentioned. But if they're saying she can't file as qualifying widow for her upcoming 2024 return, that would actually be correct - the two-year period is ending.
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Isabella Silva
•They're disputing her 2023 return (the one we filed earlier this year). And you're right about the timeline - dad passed in 2021, so she filed MFJ for 2021, then qualifying widow for 2022 and 2023. According to what others are saying, it seems the issue is definitely about my sister not being a full-time student.
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StellarSurfer
•Thanks for clarifying! Then yes, it does sound like the issue is about your sister's status as a qualifying child. Since she was over 19 and not a full-time student, she wouldn't meet the qualifying child definition for this purpose, even though she's still a legitimate dependent. The distinction between "qualifying child" and "qualifying relative" dependents trips up a lot of people. For the surviving spouse filing status, you specifically need a qualifying child dependent, not just any dependent.
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Sean Kelly
Just want to add that your mom should definitely respond to the IRS rather than ignoring the letter. The $6,300 they're asking for might actually be negotiable. If this is her first time having an issue, she might qualify for first-time penalty abatement, which could reduce some of the amount. Also, was your sister enrolled at least half-time in college? There's a difference between "not full-time" and "less than half-time" for various tax purposes. If she was at least half-time, it might be worth mentioning in your response to the IRS.
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Zara Malik
•This is good advice. I work with tax resolution cases, and the IRS will often work with taxpayers who are proactive. Even if the filing status determination is correct, there are options: 1) Payment plans (as mentioned) 2) Penalty abatement (can reduce the bill significantly) 3) In some cases, partial dispute of the assessment Don't just pay the full amount without exploring these options!
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