Herbert L. Whitehead and Jennifer L. Whitehead - Page 20




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               On a date not disclosed by the record, Colonial Mortgage               
          issued Form 1098, Mortgage Interest Statement (Form 1098), for              
          1996, to Essie Whitehead and Mr. Whitehead.  The address for them           
          shown on that form was the Kirkland property address.  During               
          1996, mortgage interest and property taxes of $7,951.34 and                 
          $1,821.35, respectively, were paid with respect to the Kirkland             
          property.11                                                                 
               During each month throughout 1996, except January, Ms.                 
          Whitehead signed and issued a check payable to Essie Whitehead              
          that was drawn on petitioners’ joint checking account with                  
          SeaFirst bank (petitioners’ joint checking account).  The total             
          amount of those 11 checks was $6,600.  None of those checks bore            
          a notation as to their purpose.  Essie Whitehead negotiated each            
          of those checks.                                                            
               During each month throughout 1997, except May, June, and               
          November, Ms. Whitehead signed and issued a check payable to                
          Essie Whitehead that was drawn on petitioners’ joint checking               
          account.  In addition to the check so issued to Essie Whitehead             
          during each of the months March and October 1997, Ms. Whitehead             

               11The parties stipulated that during 1997 petitioners paid             
          mortgage interest and property taxes of $27,651 and $5,584,                 
          respectively, with respect to the Kirkland property.  That                  
          stipulation is clearly contrary to the facts that we have found             
          are established by the record, and we shall disregard it.  See              
          Cal-Maine Foods, Inc. v. Commissioner, supra.  The record estab-            
          lishes, and we have found, that during 1997 petitioners paid                
          mortgage interest and property taxes of $27,651 and $5,584,                 
          respectively, with respect to the Sumner property.                          





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