- 9 - the capital gain resulting from the April 1992 sale of this property. B. Mortgage Interest Deductions Section 163 allows a deduction for certain qualified interest. No deduction is generally allowed for personal interest. See sec. 163(h). As an exception to this rule, a deduction is allowable for certain interest paid with respect of a “qualified residence”. See sec. 163(h)(3). For this purpose, “qualified residence” means generally the taxpayer’s principal residence and one other dwelling unit that the taxpayer selects and uses for personal purposes for a specified number of days during the taxable year. See secs. 163(h)(4), 280A(d). The determination as to whether any property is a qualified residence is made as of the time the interest is accrued. See sec. 163(h)(3). We have concluded that petitioners sold the Danville property to Haq in April 1992. There is no evidence in the record that petitioners used the Danville property as a residence after that date. Accordingly, we sustain respondent’s disallowance of $17,000 of mortgage interest deductions attributable to the period after April 1992.8 8 While it seems questionable that only about half of the total interest payments for 1992 would be attributable to interest payments made during the last two thirds of the year, we note that any error in this regard appears to be in petitioners’ favor, and we do not undertake to recompute the amount of respondent’s disallowance.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011