AboutHelen P. O`Planick, EA Expertise I am a tax professional, with experience in individual taxation. I would prefer not to answer questions about non-resident aliens or corporate taxation. Please do not ask me state related questions, unless the state is Pennsylvania. There are 42 taxing states and 42 TOTALLY different sets of state tax law.
Experience I have been preparing tax returns almost all my life. I have been in professional practice for 25 years and I am enrolled to practice before the Internal Revenue Service.
Organizations National Association of Enrolled Agents
Publications I am a prior Money Magazine Tax Test taker and have been quoted extensively in all media including monthly periodicals and books by tax authorities.
Question QUESTION: Hi Helen, thank you for taking the time to answer my question. My grand-daughter (Julie) and her husband separated October 2006, they were not divorced until end of 2007. Julie’s husband went ahead and filed a separate tax return early in 2007 and claimed ALL the mortgage interest expense that was paid in 2006. Their home was in both of their names (purchased 2001) and they had always filed married. Julie filed a separate return after finding out her husband had filed one. Julie ended up having to pay about $1,000.00. Is it legal for a spouse to claim all the interest expense and then later tell his wife he filed separate return?
ANSWER: Did Julie make any of the house payments or were they made by money they both earned?
As for separate returns, all taxpayers have that right to do so.
Helen, EA in PA
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QUESTION: Both Julie and her husband were working, so I would say house payment came from money they both earned.
Answer Since she was working and paying on the mortgage, unless the payments came directly from his account, she should have received a ratio of the payments made.
For example, if all the money went to a joint account (the one that paid the mortgage) and she made 60% of the money, 60% of the mortgage interest is hers.
She can amend her return and probably receive a refund. She should have proof of the ratio of the payments made by her in case of audit.
