Russell A. Condello - Page 8

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          petitioner's business;  therefore, we conclude that the legal               
          expenses were nondeductible personal expenses.                              
                    2.  Mortgage Interest and Property Tax Expenses                   
               Under sections 163 and 164, mortgage interest on a qualified           
          residence and real property taxes are deductible.  If a couple              
          resides in a community property state, generally, each spouse is            
          entitled to deduct one-half of all deductible expenses properly             
          chargeable against community income.  Johnson v. Commissioner, 72           
          T.C. 340, 347 (1979).                                                       
              On the return, petitioner deducted $4,340 of mortgage                  
          interest expense and $2,031 of real property taxes (one-half of             
          the total mortgage interest and real property tax expenses)                 
          relating to the Bridgewater house.  Mrs. Condello testified that            
          she made the mortgage payments on the Bridgewater house out of a            
          checking account that contained rental income from her separate             
          property.  During marriage, income from separate property is                
          community income.  Maben v. Maben, 574 S.W.2d at 232.  We find              
          that Mrs. Condello used community income to make the mortgage               
          payments, and petitioner is entitled to deductions for one-half             
          of the mortgage interest and one-half of the real property taxes.           
               B.  Schedule C Deductions                                              
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  On his Schedule C, petitioner           





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