- 15 - The amount of mortgage interest claimed by petitioner as a deduction on the return was $5,760.12 As substantiation, petitioner offered into evidence, and respondent did not object to, six canceled checks that petitioner testified were written to make payments on his home mortgage to Bank of America. The checks had only petitioner's name printed on them, were signed by petitioner, and were made payable to the Bank of America. The six checks bore the following dates and amounts: January 31, 1990 $1,894.48 April 1, 1990 1,894.48 May 2, 1990 914.48 June 1, 1990 949.48 July 6, 1990 1,292.53 August 5, 1990 1,128.53 Pursuant to a post-trial order to reopen the record, petitioner's Exhibit 9, a document entitled "Annual Statement of Account for 1990" from the Bank of America as lender, was received into evidence.13 The statement contains an account number matching the last seven digits of the number handwritten on the top of each check admitted into evidence and lists petitioner and another individual (presumably petitioner's wife) as borrowers. The statement further indicates it is a 12Although petitioner's trial memorandum listed the claimed mortgage interest deduction as $3,176, we believe this figure resulted from a clerical error. Petitioner's 1990 return claimed a deduction for State and local income and real estate taxes of $3,176 and a deduction for mortgage interest of $5,760. The trial memorandum mistakenly reversed these figures. 13See discussion supra p. 7.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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