Gabriel M. Daya, et al. - Page 40




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               The indebtedness generally must be an obligation of the                
          taxpayer and not an obligation of another.  See Golder v.                   
          Commissioner, 604 F.2d 34, 35 (9th Cir. 1979), affg. T.C. Memo.             
          1976-150.  Section 1.163-1(b), Income Tax Regs., however, provides          
          in pertinent part:                                                          
               Interest paid by the taxpayer on a mortgage upon real                  
               estate of which he is the legal or equitable owner, even               
               though the taxpayer is not directly liable upon the bond               
               or note secured by such mortgage, may be deducted as                   
               interest on his indebtedness.                                          
          The Court of Appeals for the Ninth Circuit, to which an appeal in           
          this case would lie, construed the foregoing regulation to permit           
          interest deductions in nonrecourse lending situations where the             
          taxpayer is not personally liable on a mortgage.  See Golder v.             
          Commissioner, supra.  Although the taxpayer is not directly liable          
          on the debt, the taxpayer must pay the mortgage to avoid                    
          foreclosure.  Thus, section 1.163-1(b), Income Tax Regs.,                   
          recognizes the economic substance of nonrecourse borrowing and              
          allows an interest deduction to a taxpayer, who, in the situations          
          contemplated in the regulation, is not directly liable on the               
          mortgage indebtedness.  See id.                                             
               Relying on the same rationale underlying the interpretation            
          in Golder of section 1.163-1(b), Income Tax Regs., we have held             
          that taxpayers who do not hold legal title to property but who              
          establish they are equitable owners of the property are entitled            
          to deduct mortgage interest paid by them with respect to the                






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