- 13 - also includes indebtedness secured by a qualified residence of the taxpayer incurred in refinancing acquisition indebtedness. Sec. 163(h)(3)(B). "Home equity indebtedness" is indebtedness secured by a qualified residence that is other than acquisition indebtedness. Sec. 163(h)(3)(C)(i). Home equity indebtedness may not exceed the fair market value of the qualified residence reduced by the acquisition indebtedness, not to exceed $100,000. See sec. 163(h)(3)(C)(i) and (ii). "Secured debt" is debt that is secured by an instrument such as a mortgage or deed of trust: (a) That makes the interest of the debtor in the qualified residence security for payment; (b) under which, in the case of default, the residence could be subjected to the satisfaction of the debt; and (c) that is recorded or otherwise perfected under State law. Sec. 1.163- 10T(o)(1), Temporary Income Tax Regs., 52 Fed. Reg. 48417 (Dec. 22, 1987). There is nothing in the record that shows that, before October 30, 1996, petitioner produced any evidence of his ownership interest in the family home. In the October 30, 1996, letter petitioner's representative provided respondent with some indirect evidence, copies of deeds of trust5 on which petitioner 5 An instrument in use in some States, including (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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