- 12 - Home Mortgage Interest Respondent argues that when the statutory notice was issued and the answer was filed, petitioner had not established that he held a legal or equitable ownership interest in the family residence, a prerequisite to the interest deduction. We agree with respondent. A taxpayer other than a corporation may not deduct personal interest paid or accrued during the taxable year. See sec. 163(h). Interest, however, paid by a taxpayer on a mortgage on real property of which he is the legal or equitable owner may be deducted, even if the taxpayer is not directly liable on the note secured by the mortgage. See sec. 1.163-1(b), Income Tax Regs. But the deduction is limited to the amount of "qualified residence interest". See sec. 163(h)(2)(D). A "qualified residence" is the principal residence of the taxpayer and one other residence selected by the taxpayer which is used as a residence by the taxpayer. Sec. 163(h)(5)(A). "Qualified residence interest" includes interest paid or accrued on "acquisition indebtedness" or "home equity indebtedness" with respect to a qualified residence of the taxpayer. Sec. 163(h)(3)(A). "Acquisition indebtedness" is indebtedness incurred in acquiring, constructing, or substantially improving a qualified residence of the taxpayer that is secured by the residence. ItPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011