- 18 - Petitioner deducted home mortgage interest of $20,180 in 1990, $32,741 in 1991, and $7,497 in 1993. Respondent argues that the mortgage interest is investment interest. Petitioner testified that he “placed a mortgage on it [petitioners’ residence] to bail out some of these items [other debts]”. Respondent did not establish that the indebtedness at issue was not QRI. Further, respondent did not present additional evidence to prove that the indebtedness at issue was not secured by petitioners’ qualified residence. There is nothing in this record which would lead us to the conclusion that respondent’s characterization of the interest as investment interest is correct. We are also unable to discern when the debt was incurred. Respondent’s agent, Michael A. Halpert, testified that he “reviewed the petitioner statements he received from banks and other lending institutions reflecting the amount of interest he had paid in the respective years”. Respondent did not produce any of these documents at trial, and the record is silent as to when petitioners purchased their residence. It is possible that the debt could qualify as pre-October 13, 1987, debt, in which case the use of the funds from the indebtedness is not relevant to our inquiry. Respondent failed to establish that the interest was not QRI. We hold for petitioners on this issue.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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