- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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