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Tax Law (Questions About Taxes)/Federal taxes and mortgage interest and property taxes


I purchased a condo in 2009.  I was married then so my now ex spouse was put on the deed, but the loan was only in my name, so he was not part of the loan.  I was granted the condo in our divorce in 2010 and I have continued to live in the condo and pay the loan and property taxes on the condo, as well as deduct the loan interest and property taxes on my federal taxes.

Included in our divorce was an IRS debt from 2009 of about $17,000 that was given solely to my ex spouse.  He made payment arrangements with the IRS, and I believe he is still paying this debt.  Last year when I filed my 2011 taxes, I was supposed to get $8400 back in a refund- mainly due to the condo taxes and mortgage interest.  Instead this money was directly applied to the 2009 tax debt because we had files jointly in 2009, even though we now have a civil agreement in our divorce stating this is his responsibility now, the IRS looked at this as our debt and applied it to the bill.  I spoke with the IRS and they explained they will continue to do this anytime either one of us get a refund until the debt is completely paid off, regardless of the decree or the payment arrangement.  I do understand I can pursue my ex civilly again for the $8400 at some point, and do intent to do so if he never refunds me, but I would rather avoid this hassle all together for future tax refunds. I cannot seem to owe enough in taxes, even with my withholdings at 12, to override the deductions of the condos.  One l;ast point, I am refinancing the loan this month.  So, how to do this?

1.      Can I just not take the deductions now, and perhaps adjust my claims a few years from now when the debt should be paid? or
2.      Can I add someone to the deed (not the note) that could be eligible to deduct the taxes and interest- so basically if you are on the deed, but not on the note does this make it a qualifying interest in the property?  If NOT
3.      Can I add someone to the deed and note, and allow them to take the deductions?
4.      Does the “someone” have to be a spouse?

Thanks you in advance.  I know it’s a strange question to not want a refund, but this is the case for me right now.


Thanks for your question.

If you are claiming 12 withholding allowances, there should not be much in taxes taken out.  I suggest you check with your employer to see if it is being done properly. You can request a specific amount be withheld from your check if your employer will accommodate this.

1. I can't recommend this course of action as it technically involves a false tax return. In addition, you only have 3 years from the date filed or due date to file an amended return.

2. If a person is not on the note, putting them on the title will not allow them to take a deduction for the interest.

3. If you added someone to the note,they could take the deductions, but only for the amount that they paid.

4. The other person does not have to be a spouse.

May I suggest that you file a form 8857 and attempt to get relief as an innocent spouse. The IRS may not accept it but it's worth a try.

Hope this helps.

John Stancil, CPA  

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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