Gabriel M. Daya, et al. - Page 46




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          has failed to establish the source of all the deposits into the             
          account.  He testified that two of his cotenants, Morhaf and Fuad,          
          contributed to the account in 1996.  Assuming arguendo that                 
          Gabriel was the beneficial as well as legal owner of all the money          
          in the household account, see supra pp. 31-32, Morhaf and Fuad’s            
          deposits into the account would constitute reimbursement for                
          expenditures made on their behalf.  Gabriel, therefore, is not              
          entitled to mortgage interest deductions in 1996 beyond the 5               
          percent respondent allowed.                                                 
               For the foregoing reasons, we uphold respondent’s                      
          determinations with respect to petitioners’ mortgage interest               
          deductions.                                                                 
          Property Taxes                                                              
               Section 164 allows a deduction for certain taxes, including            
          State and local real property taxes.  In general, taxes are                 
          deductible only by the person upon whom they are imposed.  See              
          sec. 1.164-1(a), Income Tax Regs.  As in the case of mortgage               
          interest, 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 property taxes paid by them with            
          respect to the property.  See Trans v. Commissioner, T.C. Memo.             
          1999-233; Uslu v. Commissioner, T.C. Memo. 1997-551; Conroy v.              
          Commissioner, supra.  Also, a taxpayer may deduct more than his             
          proportionate share of property taxes arising from property held            






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