Michael Correra - Page 10

                                                - 10 -                                                   

            the level of solvency--a matter with respect to which petitioner                             
            has not presented any evidence whatsoever.                                                   
            2.  Real Estate Tax Deduction                                                                
                  Section 164(a)(1) allows as a deduction "State and local,                              
            and foreign, real property taxes."  And section 1.164-1(a)(5),                               
            Income Tax Regs., provides generally that "taxes are deductible                              
            only by the person upon whom they are imposed."  On his return,                              
            petitioner claimed a deduction of $24,801 for taxes on the                                   
            property, which the Commissioner disallowed.  The amount thus                                
            claimed and disallowed was one-half (rounded) of the $49,602.93                              
            taxes paid, not by petitioner, but by the FDIC on July 10, 1991,                             
            and August 15, 1991, after it had become the owner of the                                    
            property upon seizure of the quitclaim deed.                                                 
                  The Government argues that "petitioner no longer owned the                             
            property, and he is thus not entitled to a deduction for the                                 
            taxes paid by the FDIC".  The Government's position would be                                 
            correct, Mogg v. Commissioner, 15 T.C. 133 (1950), but for the                               
            provisions of subsequently enacted section 164(d).                                           
                  Section 164(d) became law upon enactment of the 1954 Code.                             
            Petitioner relies upon section 164(d).  Applicable portions of                               
            section 164(d) are set forth in the margin.4                                                 

                  4 Sec. 164(d)                                                                          
                  (d) Apportionment of Taxes on Real Property Between Seller                             
            and Purchaser.--                                                                             
                                                                           (continued...)                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011