The individual claiming the deduction must be legally obligated to make the interest payments under the terms of the loan. If a third party who is not legally obligated to make a payment of interest on a qualified education loan makes an interest payment on behalf of a taxpayer who is legally obligated to make the payment, then the taxpayer is treated as receiving the payment from the third party and, in turn, paying the interest.3
The deduction may not be taken: (1) by an individual who may be claimed as a dependent on another’s tax return; (2) if the expense can be claimed as a deduction elsewhere on the return; or (3) by married taxpayers filing separate returns.4
1. IRC §§ 163(h)(2)(F), 221.