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Mark D
Mark D, Enrolled Agent
Category: Tax
Satisfied Customers: 1304
Experience:  MBA, EA, Specializing in Business and Individual Tax Returns and Issues
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I paid, and can show that I had paid all of the mortgage PITI

Customer Question

I paid, and can show that I had paid all of the mortgage PITI from my personal small business account for tax year 2007. I deduct part of the home as home office. My soon to be ex, decided to file separately and claimed half of my mortgage deductions for herself. She ended up with a large refund, and I ended up with a large liability. In the past, we had always filed Married Jointly, she just did this to "screw it to me". Can I have the IRS adjust it via a Amended return or anything. I live in MN, it is not a community property state. Thanks.
Submitted: 7 years ago.
Category: Tax
Expert:  Mark D replied 7 years ago.

bpermt249,

 

In order to claim mortgage interest and property taxes, one must be liable for the debt, actually pay the expense, and be on title to the property. If the loan is solely in your name and you live in a non-community property state, you would be entitled to the full deduction barring a court order stating otherwise. I would suggest you file you tax return correctly. If the IRS follows up with inquires, you will have the documentation to back up your deduction, your ex-wife would not.

 

Regards,

 

Mark D

Customer: replied 7 years ago.
How to do it "correctly" is what I am trying to figure out. We were both on the mortgage, and that would have made us both liable, BUT I payed directly out of my personal small business account. I payed via EFT from my small business account for all 12 payments in 2007, as I pay from this account for anything that is business related, and part of the home is deducted for my office and storage of my Sole proprietor HVAC sevice company. We had a separate joint checking account for miscellanious personal expenses.
Expert:  Mark D replied 7 years ago.
Customer

 

Since the mortgage is a joint account, you would have to show you paid all the mortgage interest payments with no consideration form her. If you can do that, the correct way to file would be for you to claim the entire deduction on your return. She would then have to prove to the IRS she paid for the deduction she claimed when questioned by the IRS.

 

Regards,

 

Mark D

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Customer: replied 7 years ago.
I believe that it is time for me to do a 1040-x amended return then. Thanks for your time.
Expert:  Mark D replied 7 years ago.
Thank you and good luck!