- 15 - funds. See Finney v. Commissioner, T.C. Memo. 1976-329, and cases cited therein. This may require that the taxpayer claiming the deduction produce evidence sufficient to trace the payment directly to such funds. See id. The record in this case contains no evidence that petitioner has ever provided to respondent evidence that would allow a tracing of mortgage interest payments to deposits of his separate funds into the account he "shared" with his mother.7 We therefore find that respondents's position on the mortgage interest deduction was reasonable in fact and in law. Dependency Exemptions A taxpayer is allowed as a deduction an exemption amount for each dependent who is a child of the taxpayer under a certain age or whose gross income is less than the exemption amount. See sec. 151(c)(1). A "dependent" includes a niece or a nephew over half of whose support for the taxable year is received from the taxpayer. Sec. 152(a). Under section 152(a), the taxpayer bears 7 Petitioner also has not shown that the interest payments at issue were with respect to home equity indebtedness that did not exceed the fair market value of the residence reduced by the acquisition indebtedness. Sec. 163(h)(3)(C)(i). Respondent cites sec. 1.163-10T(b), (c), and (d), Temporary Income Tax Regs., 52 Fed. Reg. 48410-48411 (Dec. 22, 1987), for the proposition that petitioner failed to prove that the loans did not exceed the adjusted purchase price of the home. But the rule for equity indebtedness was changed for tax years beginning after Dec. 31, 1987, by the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, sec. 10102(a), and 101 Stat. 1330-384, amending sec. 163(h)(3).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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