Austin B. Ewell, Jr. - Page 25

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          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.            




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