- 25 - community expenses, even if one spouse pays all of them, unless there is an allocation agreement. However, those cases do not control here because in them, in contrast to this case, we did not decide that the taxpayer could not prove that he or she used separate funds to pay community obligations where community funds were available.4 We conclude that the fact that community funds were not exhausted does not preclude petitioner from deducting the amounts that he paid for community obligations with his separate property. 7. Conclusion We conclude that petitioner may deduct 56 percent of his former spouse's share of mortgage interest and property taxes that he paid in 1987. C. Jeep Expenses Petitioner contends that he may deduct as a business expense $6,326 which he paid in 1987 to lease and operate his Jeep.5 4 Two cases that respondent cites, Powell v. Commissioner, T.C. Memo. 1967-32, and Finney v. Commissioner, T.C. Memo. 1976- 329, hold that a taxpayer may not deduct more than the taxpayer’s share of a community obligation if the taxpayer did not establish that the taxpayer used separate funds to pay the community obligation. In Finney, we held that the taxpayer, who owned property with his wife as tenants by the entirety, could deduct all of the mortgage interest payment because he made the payments with his separate funds. 5 Petitioner deducted $6,918 on Schedule A of his 1987 return for employee business expenses relating to his 1987 Jeep.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011