Taxpayer paid close to 19,000 in tution for his wife during 2007. They got a divorce late in December 2007. Taxpayer can't deduct the tuition that he paid for his exwife since she isn't his spouse anymore - correct?
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bye-bye tuition
if he can't claim her on his returnOriginally posted by tonia2021 View Post
incidentally, you should have titled your thread "her lawyer is smarter than his lawyer"Just because I look dumb does not mean I am not. -
Dependent?
In order to claim the education credit or the tuition and fees deduction, it would have to be a joint return, or she would have to be his dependent. It can't be a joint return, because they were legally divorced as of 12/31/07.
Is it possible that he can claim her as a dependent under the rules for qualifying relative?
One of the criteria is that the person must have lived in your home as a member of your household for entire year.
Not likely. If the divorce became final in late 2007, they were probably separated and living apart for most of 2007.
But let's think about this a little bit...
If they jointly owned a home, or jointly leased an apartment, and she moved out in, say, June, 2007, after he had paid her tuition for the first part of the year at an expensive private college... and then she filed for divorce...
Was her absence from the marital home from June through December merely a temporary absence?
LMAO
Kind of a stretch... since the divorce was final at some point in December, it seems like there was at least one day during 2007 on which they were no longer living together at all.
Memo to the attorney:
Ex-wife is not on the list of "relatives who do not have to live with you."Burton M. Koss
koss@usakoss.net
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The map is not the territory...
and the instruction book is not the process.Comment
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