109 T.C. No. 14 UNITED STATES TAX COURT JOHN L. SEYMOUR, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2575-96. Filed November 5, 1997. P deducted the amount of interest paid to his former spouse on an indebtedness which he incurred incident to their divorce. P claimed that the indebtedness was properly allocable to investment, passive activity, and qualified residence indebtedness based on certain assets acquired pursuant to a decree of divorce. R disallowed such deduction on the ground that sec. 1041, I.R.C., requires P's interest expense to be characterized as personal interest under sec. 163(h)(1), I.R.C. Held: Sec. 1041, I.R.C., has no relevance to the proper characterization of interest on indebtedness incurred incident to divorce. Thomas J. Thomas, for petitioner. Leonard T. Provenzale, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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