Table of Contents
Filing Status1
| Marital Status | 1 |
| Unmarried | 1 |
| Abandoned Spouse Rule | 1 |
| Married | 2 |
| Joint Return | 2 |
| Innocent Spouse Relief - §6015 | 2 |
| Refund Offset Program - §6402 | 3 |
| Injured Spouse - Form 8379 | 3 |
| Separate Returns | 4 |
| Separate vs. Joint Dilemma | 4 |
| Disadvantages of a Separate Return | 4 |
| Advantages of a Separate Return | 4 |
| Joint Return after Separate Returns | 5 |
| Head of Household | 5 |
Exemptions Repealed5
| Former Phaseout of Exemptions | 6 |
Divorce Costs6
| Tax Advice - §212(3) | 7 |
| Fees to Obtain Alimony or Protect Income - §212(1) & (2) | 7 |
| Fees to Obtain Property - §1012 & 1016 | 7 |
Living Together7
| Married v. Unmarried Tax Rate Comparison | 8 |
| Sham Divorce | 8 |
| Dependency Exemption | 8 |
| Alimony & Property Divisions | 8 |
Children's Income9
| Unearned Income of Children Under 18 - The "Kiddie Tax" | 9 |
| Application | 9 |
Adoption Credit - §23 & §13710
| Qualified Adoption Expenses | 11 |
| Exclusion from Income for Employer Reimbursements - §137 | 11 |
Child or Dependent Care Credit - §2111
| Eligibility | 12 |
| Employment Related Expenses | 12 |
| Qualifying Out-of-the-home Expenses | 12 |
| Payments to Relatives | 12 |
| Allowable Amount | 13 |
| Dependent Care Assistance - §129 | 13 |
| Reporting | 13 |
Dependent Care Assistance - §12913
| Amount of Assistance | 13 |
| Requirements | 13 |
| 55% Test | 14 |
| Conflict with Dependent Care | 14 |
| The exclusion under §129 reduces dollar-for-dollar the expenses eligible for the Child and Dependent Care Credit under §21. An employee cannot double count the same dependent care expenses for both the exclusion and the credit | 14 |
Work-Related Educational Expenses - §16214
| Qualified Individuals | 15 |
| Qualifying Education | 15 |
| Requirements | 15 |
| Exception | 15 |
| Education Required by Employer or by Law | 16 |
| Education to Maintain or Improve Skills | 16 |
Education Expense Credits - §25A16
| American Opportunity (former Hope) Tax Credit - §25A(b) | 17 |
| Phase Out - §25A(d) | 18 |
| Refundable | 18 |
| Lifetime Learning Credit - §25A(c) | 18 |
| Phase Out - §25A(d)(1) | 18 |
Education Savings (or Coverdell) Accounts - §53021
| Contribution Limits | 21 |
| Beneficiary Limit | 21 |
| Contributor Limit | 21 |
| Phased Out of Contribution | 22 |
| Qualified Expenses | 22 |
| Homeschooling | 23 |
"Trump" Accounts23
Student Loan Interest - §22124
| Qualified Education Loan | 24 |
| Related Party Loan | 24 |
| Qualified Higher Education Expenses | 24 |
Qualified Tuition Programs - §52925
| Distributions | 25 |
| Form 1099-Q Reporting | 26 |
| Education Expenses - §529(e)(3) | 26 |
Cancellation of Student Loans - §10826
IRA Withdrawals for Education - §72(t)27
Scholarships & Fellowships - §11727
| Degree Candidate | 27 |
| Student Loans | 28 |
| Qualified Tuition Reduction | 28 |
Educational Savings Bonds - §13528
Medical Costs - §21329
| Spouse | 29 |
| Dependents | 29 |
| Health Savings Account - §223 | 29 |
| Eligible Individuals | 30 |
| Contributions | 30 |
| Health Insurance For Self-Employed | 30 |
Charitable Contributions - §17030
| Requirements for Deductibility | 31 |
| Limitations on Charitable Contributions | 31 |
| 50% Ceiling | 31 |
| 30% Ceiling | 31 |
| 20% Ceiling | 31 |
| Carryovers - Five Years | 31 |
Personal Casualty & Theft Losses - §16532
| Casualty | 32 |
| Theft | 32 |
| Limitations | 32 |
| Special Residence Rule | 33 |
| Disaster Area Losses | 33 |
| Unsafe Home | 33 |
| Special Residence Rule | 33 |
Home Sales34
| Exclusion Amount | 34 |
| Two-Year Ownership & Use Requirements | 34 |
| Tacking of Prior Holding Period | 35 |
| Prorata Exception | 35 |
| Limitations on Exclusion | 35 |
| Reduced Home Sale Exclusion for Periods of Nonqualified Use | 35 |
Moving Expenses - §21735
| Moving Expense Reimbursement | 36 |
Home Mortgage Interest36
| Home Acquisition Debt | 36 |
| Home Equity Debt | 37 |
| Points | 37 |
| Exception - Fully Deductible Points | 37 |
Property Rights38
| Marital Property | 38 |
| Common Law Property | 38 |
| Community Property | 38 |
| Equitable Distribution | 39 |
| Separate Property | 39 |
| Premarital Agreements | 40 |
| Limitations | 40 |
| Enforceability Requirements | 40 |
| Property Settlements | 40 |
| Passive Activity Loss Property | 40 |
| Residence | 41 |
| Qualified Domestic Relations Order | 41 |
Alimony41
| Alimony Restrictions & Requirements | 42 |
| Pre 2019 Decrees | 42 |
| 2019 & Later Decrees | 42 |
| Pre-2019 Recapture of Alimony | 43 |
| Child Support | 43 |
| Contingency Relating To the Child | 43 |
| Clearly Associated With a Contingency | 43 |
Elderly & Disabled Planning44
| Managing the Estate | 44 |
| Catastrophic illness | 44 |
| Health Care Decisions | 44 |
| Accelerated Death Benefits | 45 |
| Terminally Ill Individual | 45 |
| Chronically Ill Individual | 45 |
| Exclusion Limited | 45 |
Estate Planning46
| Simple Will | 46 |
| Applicable Exclusion | 46 |
| Portability – Deceased Spousal Unused Exclusion Amount | 46 |
| Danger for Larger Estates | 46 |
| Probate | 46 |
| Living "A-B" Revocable Trust | 47 |
| Living "A-B-C" (QTIP) Trust | 50 |
| Impact of Spousal Portability on Trust B | 50 |
Course Details
Author: Danny Santucci, J.D.
Danny earned his Bachelor of Arts in Political Science from the University of California at Irvine in 1969. He received his Juris Doctorate from Boalt Hall School of Law, University of California at Berkeley in 1972, at which time he began practice as a tax attorney in Southern California.
His legal career was initiated with the business and litigation firm of Edwards, Edwards and Ashton. Later he joined the Century City entertainment firm of Bushkin, Gaims, Gaines & Jonas working for many well-known celebrities. In 1980, Danny established the law firm of Santucci, Potter and Leanders, in Irvine, California. With increasing lecture and writing commitments, Danny went into sole practice in 1995. His practice emphasizes business taxation, real estate law and estate planning.
Danny has been an officer and active member in various organizations including the Glendale Bar Association, Century City Bar Association, Orange County and Los Angeles County Bar Associations, California State Bar Association, Toastmasters and Lions Club. He also avidly supports the American Association for the Advancement of Science. He has been admitted to practice before all California and federal courts including the United States Tax Court and the United States Supreme Court.
Serving as a lecturer for the Continuing Education of the Bar of California, Golden Gate University, and numerous state C.P.A. societies, Danny teaches a variety of tax, business and real estate courses. Danny has been in demand all across the country as a speaker for all levels of professional and civic organizations and numerous major seminar circuits. Danny spoke to over 2,000 people per month and traveled more than 150,000 miles annually.
In 2015, he withdrew from the lecture circuit to devote himself to tax research and writing. The author of numerous texts, he is listed in "Who’s Who in Creative Real Estate" and is admitted to the American Exchangor’s Hall of Fame.
Publication/Revision Date: 7/24/2026
Course Exam Questions (online): 10 (multiple-choice)
Program Delivery Method: Self-Study (NASBA QAS Self-Study)
Available Formats of Course Text: PDF or PDF plus printed copy sent in the mail
Course Level, Prerequisites, and Advance Preparation Requirements
| License | Course Level | Prerequisites | Advance Preparation Requirements |
|---|
| CPA | Overview | None | None |
| CFP® | Intermediate | Basic familiarity with federal taxation | None |
| CDFA® | Overview | None | None |
| EA/OTRP | Overview | None | None |
* This program is appropriate for professionals at all organizational levels.
Sponsor ID Numbers
National Registry of CPE Sponsors ID: 107615
CFP Board Sponsor ID: 1008 — Course ID: 298400
Registered with the Institute for Divorce Financial Analysts
IRS Qualified Sponsor ID: FWKKO — Course ID: FWKKO-T-00789-26-S
State CPA Board Sponsor ID Numbers (where applicable)
Florida Division of Certified Public Accounting: 0004761
Hawaii Board of Public Accountancy: 14003
New York State Board for Public Accountancy: 002146
Ohio Accountancy Board: CPE .51 PSR
Pennsylvania State Board of Accountancy: PX178025
Texas State Board of Public Accountancy: 009349
Learning Objectives
As a result of studying the course material, you should be able to meet the objectives listed below:
- Recognize the effect of marital status on filing status, identify the advisability of filing a joint return in light of the innocent spouse rules, specify available exemptions, and determine the differences between deductible and nondeductible divorce costs.
- Identify the costs and fees that qualify for the tax credit for adoption expenses and cite the requirements for educational expenses, dependent care assistance and Coverdell ESAs.
- Determine medical cost deductions available to individuals under §213, specify items qualifying as deductible §163 home mortgage interest, and recognize the taxation of §1041 interspousal transfers particularly as to property settlements.