Eddie Mills, Jr. - Page 15




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          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).                                                             




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