- 6 - residence interest". Sec. 163(h)(2)(D). "Qualified residence interest" means interest which is paid during the year on acquisition indebtedness or home equity indebtedness with respect to any qualified residence of the taxpayer. Sec. 163(h)(3)(A). A "qualified residence" may be the principal residence of the taxpayer. Sec. 163(h)(5)(A)(i)(I). In this case, petitioners had a mortgage on the home they lived in. Petitioners paid "interest payments" on their mortgage to "Retirement Account Inc., F.O.B. Allen S. Lewis IRA" (Allen Lewis). During 1995, petitioners wrote 11 checks which were written out to or referenced Allen Lewis and totaled $16,425. Petitioners also had a mortgage on their home with West Coast Bank. During 1995, petitioners wrote 32 checks for the "interest payments" to West Coast Bank in the total amount of $21,698.71. Petitioners claimed $3,165 of mortgage interest expense on their 1995 return, which petitioner prepared himself. On their 1994 return, petitioners claimed $8,450 of mortgage interest expense. Petitioners’ 1994 return was prepared by an accountant. While we believe that petitioners' payments did not consist solely of interest expense, we find that a portion of these payments must have been for mortgage interest on their home. Although the interest portion of the payments probably was higher than the amount claimed on the 1995 return, petitioners did not provide sufficient evidence of the amount which wasPage: Previous 1 2 3 4 5 6 7 8 9 Next
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