Eddie Mills, Jr. - Page 12




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               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.  It             





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