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House payment tax and interest ded?

 

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Subject Author Date
House payment tax and interest ded? Mike 07-02-2007
Posted by Mike on July 2, 2007, 1:42 pm
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Clients divorced in 2007. The divorce decree states the male
(who I expect will continue to be our client) must make
payments on the house but it is in the x-wife's name and she
lives there, not him.

Is there anyway I havn't thought of to claim the tax and
interest on his Sch A?

mike

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Posted by Stuart Bronstein on July 3, 2007, 3:58 am
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> Clients divorced in 2007. The divorce decree states the male
> (who I expect will continue to be our client) must make
> payments on the house but it is in the x-wife's name and she
> lives there, not him.
>
> Is there anyway I havn't thought of to claim the tax and
> interest on his Sch A?

It doesn't sound like a property division, so it must be
spousal support, and he can deduct it on that basis. Take a
look at the court order to see what it says.

I'd have to check the relevant statutes and regulations, but
I don't think there's another way he can get the deduction.

Stu

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<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
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<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Mike Wellman on July 3, 2007, 3:58 am
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> Clients divorced in 2007. The divorce decree states the male
> (who I expect will continue to be our client) must make
> payments on the house but it is in the x-wife's name and she
> lives there, not him.
>
> Is there anyway I havn't thought of to claim the tax and
> interest on his Sch A?

Under certain conditions, it can be considered alimony.

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
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Posted by Paul Thomas, CPA on July 3, 2007, 3:58 am
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> Clients divorced in 2007. The divorce decree states the male
> (who I expect will continue to be our client) must make
> payments on the house but it is in the x-wife's name and she
> lives there, not him.
>
> Is there anyway I havn't thought of to claim the tax and
> interest on his Sch A?

Is it alimony?

--
Paul A. Thomas, CPA
Athens, Georgia

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Dick Adams on July 3, 2007, 3:58 am
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> Clients divorced in 2007. The divorce decree states the male
> (who I expect will continue to be our client) must make
> payments on the house but it is in the x-wife's name and she
> lives there, not him.
>
> Is there anyway I havn't thought of to claim the tax and
> interest on his Sch A?

It's been close to 30 years since my divorce. Then
court-ordered payments in addition to child support were
deductible as alimony. That included mortgage payments and
and a family health care policy (not from an employer) for
ex-spouse and children.

There was also a payment method called 'Unallocated
Maintenance" which included both alimony and child support
and was taxable to the recipient.

My first wife took everything including my hearing - only to
learn that she had to pay taxes on it. <g>

Dick

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

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