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Hi,

My son still has outstanding student loans that are in his name, but I have always made the payments and so have claimed the student load interest deduction. I believe it was for my 2011 return the IRS challenged this deduction because the interest is reported under my son's SSN. I wrote a response saying that my son was a dependent for all of 2011 and that since I paid all the loan payments I should be able to take the deduction. I received a response that essentially said they agreed and that was that.

My question is now that my son is no longer a dependent, having graduated and being gainfully employed, can I still claim the student loan interest since I am still making all of the payments? Remember, the loan is in his name and his SSN, but I make all the payments from my checking account.

Thanks for any input anyone may have.
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No. of Recommendations: 6
My son still has outstanding student loans that are in his name, but I have always made the payments and so have claimed the student load interest deduction. I believe it was for my 2011 return the IRS challenged this deduction because the interest is reported under my son's SSN. I wrote a response saying that my son was a dependent for all of 2011 and that since I paid all the loan payments I should be able to take the deduction. I received a response that essentially said they agreed and that was that.

Well, you lucked out with an IRS case worker who goofed. Pub 970 is crystal clear that only someone legally liable for the debt can claim this deduction. It also notes that interest paid by others is, for this purpose, treated as being paid by the student.

Phil
Rule Your Retirement Home Fool
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