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Question

in july 2004 we sold a house in Hayward Ca for $450,000, the house was debt free, my then wife agreed to take the 1 time deal tax break of $250,000 for each of us. She took all the money and put it in her personal checking account and claimed it was "her house" even thoughn I had paid mortgage, insurance and taxes for 18+ years. What are the penalties, fines and interest she owes on the $200,000 capital gain?

Submitted: 18 days and 7 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to question: Nevada

Already Tried:
Tried to recover funds to no avail. Now in divorce court proceedings.

Posted by Merlo 18 days and 6 hours ago.

Info Request

Hello ginger,

 

On the home that was sold for $450,000, what was your basis in that home?

 

Your basis would be whatever you originally paid for the home plus the cost of any improvements you made while you owned it?

 

 

18 days and 6 hours ago.

Reply

This is my friend ginger's computer, my name & e-mail is R. A Smith, this_is_rasmith @yahoo.com. I moved in with Carol in 1983, she was awarded the house and it was appraised at $49,000. I made mortage taxes and insurance payments b4 & after we were married in 1987. I paid for new appliances, stove refridgerator, washer and dryer.

I recarpeted and painted the interior 3x I had the lawn resodded 2x. In preparation for sale in 2004,I replaced the water heater, sewer lines, and basically brought every thing up to code. I paid to have the pool filled in ($4k) home reroofed, Painted inside and out ($7k) new carpets, linoleum, and bathroom refurbishment ($7k)

Accepted Answer

Hello again,

 

It sounds as though perhaps the basis in this home was around $75,000. If that is the case and the home was sold for $450,000, then there would have been a gain of approximately $375,000 from the sale.

 

Since you were married at the time of the sale, you were allowed to exclude $500,000 from that gain, which means you would not have owed any taxes. If your wife had been single, she would have only been allowed to claim an exclusion of $250,000, and she would have been liable for tax on the additional $125,000 from the sale. That would have been taxed at a rate of 15%, so she would have owed approximately $18,750 in taxes at that time.

 

I am not quite sure exactly what you are trying to determine here other than that. I realize you are saying that she kept all of the profits from the sale and you do not feel she was justified in doing so. But that would be something a court would need to determine. But as far as the tax situation, if she had only been allowed to claim an allowance for the $250,000 for herself, then this would have resulted in $18,750 extra in taxes that she would have owed at that time.

 

If I have misunderstood your question, please let me know and I will try to further assist you.

 

If this was helpful please press the Accept button.

 

Thank you

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 11/4/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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