Divorce Decree states sale of rental property and to split the proceeds. Plaintiff has filed the property under their name only for the past 4yrs. Does the Respondent get the tax breaks from this also?
Not clear on your facts/question, but if you are asking whether respondent is entitled to share in deductions already reported for 4 years on rental property, likely no, but depends on many issues, including their filing status, legal/tax ownership structure of the property, any tax provisions in the decree/side agreement, and any evidence of tax and/or fraud. If the question is whether the respondent is entitled to the capital gains exclusion on a sale of primary residence, then likely no if they did not live there.
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