Eddie Mills, Jr. - Page 13




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          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...)           




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