- 28 - Section 163(h) restricts home mortgage interest deductions to interest paid on $1 million of acquisition indebtedness for debt incurred after October 13, 1987. Acquisition indebtedness is defined as that which is "incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and * * * is secured by such residence." Sec. 163(h)(3)(B). A taxpayer may be entitled to a greater deduction if he has incurred home equity indebtedness up to $100,000, as allowed by section 163(h)(3)(C)(ii). There can be no additional deduction where taxpayers fail to show that they had home equity indebtedness. See Notice 88-74, 1988-2 C.B. 385. Home equity indebtedness is defined as "any indebtedness (other than acquisition indebtedness) secured by a qualified residence". Sec. 163(h)(3)(C) (emphasis added). Petitioners, who purchased their home in 1989, did not demonstrate that any of their debt was not incurred in acquiring, constructing or substantially improving their residence and thus have failed to carry their burden of proof. We therefore sustain respondent's determination as to the amount petitioners may properly deduct for home mortgage interest. To reflect the foregoing and issues previously resolved, Decision will be entered under Rule 155.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Last modified: May 25, 2011