the parents of a child subject to the kiddie tax are divorced the father is unmarrie 612817

The parents of a child subject to the kiddie tax are divorced. The father is unmarried. The mother is remarried. The child lives with the mother, who is the custodial parent, and her new spouse. Which parent can make an election on Form 8814?

a. Incorrect. The father cannot make the election because he is not the custodial parent.

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b. Correct. The mother who files jointly with her new spouse can make the election because she is the custodial parent.

c. Incorrect. The mother who files separately from her new spouse cannot make the election if her taxable income is lower than the taxable income of her new spouse.

d. Incorrect. The parents do not have to be married to each other in order for one of them to make the election.

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