- 23 - holds that petitioners held no legal or equitable title to the Foxbriar property prior to August 1992. Petitioners’ lack of any legal or equitable ownership interest in the Foxbriar property prior to August 1992 precludes their entitlement to a deduction for qualified residence interest under section 163(a) during this time. As stated previously, section 1.163-1(b), Income Tax Regs., requires that the taxpayer be the "legal or equitable owner" of the property. That same rationale applies to the real estate property taxes. Real property taxes are generally deductible in the taxable year within which they are paid or accrued. See sec. 164(a)(1). However, no deduction is allowed to the extent that real property taxes are treated as imposed on another taxpayer. See sec. 164(c)(2); sec. 1.164-1(a), Income Tax Regs.; Loria v. Commissioner, T.C. Memo. 1995-420. As stated earlier, petitioners held no legal or equitable title to the Foxbriar property prior to August 1992. Moreover, there is no evidence in the record to suggest that the real property taxes at issue were paid by or imposed on anyone other than the Hewitts through August 1992.12 12 In the notice of deficiency, respondent allowed petitioners a deduction for real property taxes paid by petitioners in connection with the Foxbriar property from Aug. through Dec. 1992. However, since the amount of such allowed property tax 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011