I posted this question in August when there were not as many people viewing the website and got one opinion from Mike Malody. Now that there are more pros online during the tax season I thought I'd repost to see if there are other opinions around. (Mike's opinion was that the exclusion could NOT be taken due to the fact that the absence could likely not be viewed as "temporary").
A retired minister got a 3-5 year sentence and is now living in jail. Part of his church pension includes a Parsonage Allowance. He is married and his wife and one of his children still live in the home they have had for years. Is the family still allowed the housing exclusion (under IRC 107) even though the minister is incarcerated? A portion of the pension money still is used, as it was always used, by the family for the expenses of keeping the home.
I never ran across this before nor can find a definite answer as to if the minister must reside at the household in question. I did ask his wife to call the Pension Board to make sure that the minister had not been de-frocked due to his sentence. He still is getting his pension payments.
Thanks for any suggestions or cites you could pass on to me.
A retired minister got a 3-5 year sentence and is now living in jail. Part of his church pension includes a Parsonage Allowance. He is married and his wife and one of his children still live in the home they have had for years. Is the family still allowed the housing exclusion (under IRC 107) even though the minister is incarcerated? A portion of the pension money still is used, as it was always used, by the family for the expenses of keeping the home.
I never ran across this before nor can find a definite answer as to if the minister must reside at the household in question. I did ask his wife to call the Pension Board to make sure that the minister had not been de-frocked due to his sentence. He still is getting his pension payments.
Thanks for any suggestions or cites you could pass on to me.
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