Itemized Deductions and Divorce

[tonia2021]

Taxpayers divorced in November. Client received the 1099 for Mtg Interest and RE tax. Ex spouse isn't going to take the deduction. Can client deduct the entire amount of the interest and tax - or should client just deduct 1/2. They had a joint account and made payments on house during the year out of this account.

[Possi]

If they are in agreement....

... I would honor that and give it all to the one itemizing.

[ChEAr$]

Taxpayers divorced in November. Client received the 1099 for Mtg Interest and RE tax. Ex spouse isn't going to take the deduction. Can client deduct the entire amount of the interest and tax - or should client just deduct 1/2. They had a joint account and made payments on house during the year out of this account.

I usually explain to the client that "fair is fair", and that he/she is only entitled to half.

And if they don't like my reasoning, I'll send them to an Arkansas preparer. (grin

[Possi]

Oh heck...

I usually explain to the client that "fair is fair", and that he/she is only entitled to half.

And if they don't like my reasoning, I'll send them to an Arkansas preparer. (grin

...just send 'em here!

[taxea]

Unless you have to spit it due to community property rules...this is their decision to make. You client says the ex isn't going to claim it...so give it to the client. It isn't your place to tell them what is fair. Maybe ex got more than compensated in other ways.
Just getting the divorce may have been all the ex needed.

[Jesse]

Unless you have to spit it due to community property rules...this is their decision to make. You client says the ex isn't going to claim it...so give it to the client. It isn't your place to tell them what is fair. Maybe ex got more than compensated in other ways.
Just getting the divorce may have been all the ex needed.

Is it their decision to make? I thought it the deduction is taken by the taxpayer that actually pays? It isn't your place to tell them what is fair, but it is your place to tell them what is correct.

[Possi]

I agree

Unless you have to spit it due to community property rules...this is their decision to make. You client says the ex isn't going to claim it...so give it to the client. It isn't your place to tell them what is fair. Maybe ex got more than compensated in other ways.
Just getting the divorce may have been all the ex needed.

In that situation, I'd give it to the one THEY agreed would take it. As I often say, "I got no dog in that fight" so whatever they agree on is good enough for me.

taxea, thanks for the quote as your footnote. I especially needed it this week, as do many of us!