Austin B. Ewell, Jr. - Page 16

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               Respondent contends that petitioner did not show that they             
          were deductible expenses or that he used his separate funds to              
          pay them.  Respondent also contends that petitioner may not                 
          deduct those amounts because he had substantial community funds             
          available when he paid them.  Respondent concedes that petitioner           
          may deduct his one-half share of those amounts, which we treat as           
          a concession that the interest and taxes at issue would have been           
          deductible if paid by petitioner's former spouse.                           
               2.   Whether the Possibility That Petitioner May Be                    
                    Reimbursed Bars Him From Deducting His Payment of His             
                    Former Spouse’s Share of Mortgage Interest and Property           
                    Taxes                                                             
               Respondent contends that petitioner may not deduct his                 
          payments of his former spouse’s share of mortgage interest and              
          property taxes because he has a right to be reimbursed by her.              
          Respondent contends that Levy v. Commissioner, 212 F.2d 552, 554            
          (5th Cir. 1954), affg. a Memorandum Opinion of this Court dated             
          March 9, 1953; Estate of Boyd v. Commissioner, 28 T.C. 564, 566-            
          567 (1957); and Conte v. Commissioner, T.C. Memo. 1981-571, affd.           
          722 F.2d 727 (2d Cir. 1983), support this contention.  We                   
          disagree.                                                                   
               Petitioner concedes that he had a right to be reimbursed for           
          community expenses that he paid with his separate funds from                
          March 27 to December 31, 1987.  However, none of the cases                  
          respondent relies on involved mortgage interest and real property           
          taxes for which the taxpayer was jointly and severally liable.              




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