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I am concered about my 2023 income tax return. I gave my son $16,000 to help him purchase their house. Their divorce settelment states that the $16,000 is to be paid back to me.  It was not a loan but a gift.  Because it was a gift and not a loan would that be considered income from the sale of the house.

 

The mortgage papers says it was a gift but their divorce papers says it was a loan.  We gave the money to them with no expectations of being repaid.

 

So if it was a loan how would that be reported?