separate home from the taxpayers (even at considerable distance) and still qualify the taxpayer both for deductions as dependents and special rates as head of a household (CCH 191). It is very important that the taxpayer be able to prove that he or she did actually provide more than half of the parental support, as Internal Revenue Service will surely ask for such proof.
In the case where several persons contribute to the support of a parent, but no one of them contributes more than half of the total support, none of them may claim the parent as a dependent, except under the provisions of a special multiple support agreement. Each person who contributed more than ten percent of the support must furnish the individual who is claiming the deduction for that year with a written declaration on Form 2120 (Multiple Support Agreement) on which he waives his claim for dependency exemption for that taxable year in favor of the taxpayer. These taxpayers can take turns in claiming the deduction in different years, however (CCH 604). Form 2120 is readily available at any Internal Revenue Service Office, and not difficult to execute.
A divorced husband is entitled to claim his child as a dependent if the amount paid for support under court order represents more than half of the cost of the child's support during the year. It is the "actual support" test which governs, not the taxpayers legal responsibility or absence of responsibility for the child's support. However, if there is no court order specifying support payments, the taxpayer must proceed with caution since the payments can be declared as gifts, and no deduction allowed (CCH 607).
Deductions
In the case of married taxpayers, both spouses must elect to take the
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standard deduction or both are denied this deduction, hence if married taxpayers file separate returns, they must either both itemize their deductions, or neither may itemize (CCH 3720). This is one (though small) advantage that the gay marriage can claim over its heterosexual counterpart. Since gay marriage is not legally recognized, it is not bound by any of the limitations set forth for married couples. Each member, therefore, is filing as a separate individual.
Alimony payments are deductible expenses to the husband if they are taxable to the wife (CCH 3705; IRS Code Sec. 215 & 71). In such cases, it is strongly advised that the matter be thoroughly investigated with a tax expert or Internal Revenue Service to determine whether the alimony is truly a qualified deduction. Such an investigation is usually worthwhile, since most alimony is deductible.
In the case of damage to your automobile due to a collision, you may deduct the actual loss sustained by you. Keep in mind that, if you have collision insurance, only the portion that you actually paid (in most cases the first $50 or $100) will be deductible, since the insurance company pays the rest. If you hit another car, and the damages inflicted on the other car are not paid by your insurance, the cost of such damages will not be allowed as a deduction on var tax. Only damage to property that you own can be claimed on your tax return. There are numerous other casualty loss deductions that should be investigated if you have sustained loss or damage to property owned by you as a result of theft, fire, storm, etc. (CCH 3751-3760-3761). Auto owners will find that they may have several other deductions on their tax. The cost of license plates and city registration stickers for cars have always been allowed, as is the cost of drivers licenses; however, auto inspection fees and auto title registra-
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