- 8 - 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, petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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