In this scenario, let's analyze the statements based on IRS rules regarding dependents and tax implications for the year 2023:
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Diego may claim both Roberto and Valentina as his dependents. - This statement is incorrect. Diego can claim Roberto as a qualifying child dependent since he meets the age, relationship, residency, and support tests. However, Diego cannot claim Valentina as a dependent because she is married to Roberto, and being married typically disqualifies someone from being a dependent unless they meet specific conditions (like being a qualifying relative which does not apply here).
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Diego may claim Valentina only if Roberto and Valentina do not file a joint return. - This statement is incorrect. Even if Roberto and Valentina decided to not file a joint return, Valentina does not meet the requirements to be a dependent of Diego since she is not his child or qualifying relative, and therefore, independent of the filing status of Roberto and Valentina, Diego cannot claim Valentina as a dependent.
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Diego may claim Roberto even if Roberto and Valentina file a joint return to get a refund of the taxes withheld from Valentina's wages. - This statement is correct. Roberto is Diego’s qualifying child, and the IRS rules allow Diego to claim Roberto as a dependent even if Roberto and Valentina file a joint return solely for the purpose of claiming a refund of Valentina's taxes withheld. This is because filing jointly does not disqualify Roberto as a qualifying child dependent.
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Diego may not claim Roberto once he is married. - This statement is incorrect. Being married does not disqualify Roberto from being his father's dependent as he is still under the qualifying child criteria, which includes being under 24, a full-time student, and living with Diego for more than half the year.
In summary, the correct statement is: Diego may claim Roberto even if Roberto and Valentina file a joint return to get a refund of the taxes withheld from Valentina's wages.