Posted by Len on November 05, 2009 at 23:29:03:
In Reply to: Re: First Time Home buyer Tax Credit Scenario posted by Kristine-CA on November 05, 2009 at 14:27:26:
In addition and in agreement to what Dave indicated, go to to the following URL --
http://www.irs.gov/newsroom/article/0,,id=206294,00.html
-- and look at the webpage and "Scenario 6 & 7. " Read the answer to "Scenario 7" and note the statement about an ownership interest being imputed to an individual as result of marriage.
http://www.irs.gov/newsroom/article/0,,id=206294,00.html
I have included "Scenario 7" below:
S7. I am separated from my spouse and considered unmarried, and qualify for the unmarried head of household filing status. My spouse has owned a main home in the last three years, but I have not. If I buy a home on May 1, 2009, that otherwise qualifies, can I claim the first-time homebuyer credit?
A. No. Section 36(c)(1) requires that the taxpayer and the taxpayer's spouse not have an ownership interest in a principal residence within the three years prior to the date of purchase. While individuals do not have to be married to get the credit, marriage (and legal separation) imputes ownership of a previous home upon the other spouse. The taxpayer may not take the credit even if filed on a separate return.
______________________________________________
In summary, if we are going to bet which way the IRS winds are going to be blowing in the original stated question, all indications are that they will not be in favor of the individual (former wife) wanting to buy Jimi's property.
As Dave said, "Sorry, but the answer is NO."
Len