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My husband pays alimony to his ex-spouse. He transfers the weekly monies into her account. The IRS is denying his 7,000.00 alimony deduction due to that he cannot prove that this is his ex-spouses account. Due to privacy laws, he is unable to get a letter from the credit union stating this is her account only. Also his divorce settlement does state the amount of alimony he needs to pay and that it is a deduction for his taxes.

Submitted: 576 days and 16 hours ago.

Category: Tax

Value: $30

Status: CLOSED

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Scituate, Massachusetts

Already Tried:
Sent copy of divorce degree indicating amount of alimony payment and stating that my husband can take the deduction. Sent receipts indicating amount transferred into her checking account. Relationship with this wife is tenuous at best and I believe she is not reporting the alimony. His child support has ended as of last Sept. due to the Child turning 23 years of age. The IRS wants my husband to prove that this account is hers and not his or anyone elses. By the way this is for tax year 2006. It was ok for previous years. We have not heard as yet about 2007

Accepted Answer

He will have been paying a gift to his ex if there was no demand for the payment as alimony in the divorce decree (or amended court document). Gifts are not a deduction.

Accepts:
Expert:	Sandi Hargrove, SkyHawks
Pos. Feedback:	98.8 %
Answered:	4/24/2008

Master Tax Advisor, Enrolled Agent

I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.

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He will have been paying a gift to his ex if there was no demand for the payment as alimony in the divorce decree (or amended court document). Gifts are not a deduction.

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