- 27 - tax laws but chose to ignore them in their effort to evade the payment of income tax. Thus, we find that respondent has clearly and convincingly proven fraud on the part of petitioners for both items of unreported income for the year in issue, and we so hold. Our conclusion is premised on the record as a whole and reasonable inferences therefrom, taking into account our determination as to the credibility of petitioners and the other witnesses presented at trial. Therefore, we sustain respondent's determination that petitioners are liable for the penalty for 1990 pursuant to section 6663. Issue 2. Section 163(h)(3) Restriction on Home Mortgage Interest Deduction Section 163(a) states the general rule for deductions for interest paid or incurred on indebtedness within the taxable year. Other provisions of section 163 limit such deductions. Section 163(h) disallows personal interest deductions unless they fit within certain narrowly prescribed categories. Among these narrow exceptions is the deduction for interest on a qualified residence. Sec. 163(h)(2)(D). The parties agree that the interest paid on the mortgage for petitioners' home was qualified residence interest, because the Paus paid it on acquisition indebtedness pursuant to section 163(h)(3)(A)(i) and (B)(i). The parties dispute only the amount of acquisition indebtedness petitioners may use in computing their deduction.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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