- 10 - Interest on a mortgage on real estate is deductible. Sec. 163. Where mortgaged property is jointly owned and the co-owners are jointly liable on the mortgage each owner is entitled to a deduction for the mortgage interest that he actually pays out of his own funds. Castaneda-Benitez v. Commissioner, T.C. Memo. 1981-157. Section 6001 and the regulations promulgated thereunder require a taxpayer to maintain adequate records to substantiate the claimed deductions. However, if certain claimed deductions are not substantiated, we are permitted to estimate them when we are convinced from the record that the taxpayer has incurred such expense and we have a basis upon which to make an estimate. Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). Petitioner testified that he paid $1,575 of mortgage interest expense on the Arizona rental property for 1990. For 1990, the record shows that petitioner's funds were used to make the mortgage payments. Further, the Temporary and Final Orders required petitioner to continue to make the mortgage payments on the Arizona rental property of approximately $340 a month. We further note that Ms. Petrie assumed the outstanding mortgage in 1992. We are convinced from the record that there was an outstanding mortgage on the Arizona rental property in 1990, and that petitioner made the mortgage payments. Accordingly, we find that petitioner is entitled to a mortgagePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011