- 11 - In Golder v. Commissioner, supra, the Court of Appeals for the Ninth Circuit, in affirming the Tax Court, stated that section 1.163-1(b), Income Tax Regs., does not create an exception to the rule of section 163(a) that interest is deductible only with respect to the indebtedness of the taxpayer but, rather, simply recognizes the economic substance of nonrecourse borrowing. Additionally, as required by section 1.163-1(b), Income Tax Regs., the taxpayer must be the "legal or equitable owner" of the property. Where the taxpayer has not established legal, equitable, or beneficial ownership of mortgaged property, the courts generally have disallowed the taxpayer a deduction for the mortgage interest. See Bonkowski v. Commissioner, T.C. Memo. 1970-340, affd. 458 F.2d 709 (7th Cir. 1972); Song v. Commissioner, T.C. Memo. 1995-446; Estate of Broadhead v. Commissioner, T.C. Memo. 1966-26, affd. 391 F.2d 841, 848 (5th Cir. 1968). This record reflects that petitioners had no legal obligation to Lomas Mortgage with respect to the Foxbriar property until August 1992.9 Until such time, only the Hewitts 9 In the notice of deficiency, respondent allowed petitioners a deduction for qualified residence interest paid by petitioners in connection with the Foxbriar property from August through December 1992. However, since the amount of such allowed interest deduction, coupled with the other allowed itemized deductions for 1992, failed to exceed the standard deduction, petitioners were allowed the standard deduction for that year.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