Lucila Novoa - Page 20

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               Petitioner next argues that she is entitled to claim a                 
          deduction under section 163 of $1,250 for prepaid interest                  
          (points) that she paid in connection with the purchase of her               
          house, and that she is entitled to amortize and deduct a portion            
          of the remaining $1,250 payment of points as a rental expense on            
          Schedule E.  Respondent argues that petitioner is not entitled              
          to claim any deductions for the $2,500 payment of points.                   
               In order to deduct points paid in the connection with debt             
          acquired for the purchase of a principal residence, petitioner              
          must elect to itemize her deductions.  Secs. 63(b), 163(h)(2)               
          and (3).  Petitioner claimed the standard deduction and did not             
          itemize. Therefore, she is not entitled to deduct $1,250 of the             
          points paid in connection with the debt acquired to purchase her            
          principal residence.                                                        
               Neither is petitioner entitled to deduct the full amount of            
          the $1,250 of points paid in connection with her purchase of                
          residential rental property.  Section 461(g) provides that in the           
          case of a cash basis taxpayer the prepayment of interest is not             
          deductible in the year of payment, but must be capitalized and              
          deducted ratably over the term of the loan to the extent that the           
          interest paid represents the cost of using the borrowed funds               
          during each tax year in the term.  Petitioner has not presented             
          any evidence as to the term of, or rate of interest on, the                 
          $125,000 mortgage loan.                                                     





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