Herbert L. Whitehead and Jennifer L. Whitehead - Page 50




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          residence interest under section 163(h)(3).  Before turning to              
          the contentions of the parties, we shall summarize the pertinent            
          law.                                                                        
               Section 163(a) generally allows a deduction for all interest           
          paid or accrued during the taxable year on indebtedness.  In the            
          case of a taxpayer other than a corporation, section 163(h)                 
          generally disallows any deduction for “personal interest”.  The             
          term “personal interest” is defined to mean any interest allow-             
          able as a deduction under chapter 1 of the Code other than, inter           
          alia, any qualified residence interest.  Sec. 163(h)(2)(D).  The            
          term “qualified residence interest” means any interest which is             
          paid or accrued during the taxable year on, inter alia, acquisi-            
          tion indebtedness.  Sec. 163(h)(3)(A).  The term “acquisition               
          indebtedness” is defined to mean any indebtedness which is                  
          incurred in acquiring, constructing, or substantially improving             
          any qualified residence of the taxpayer and which is secured by             
          such residence.  Sec. 163(h)(3)(B)(i).  The term “acquisition               
          indebtedness” also includes any indebtedness secured by any                 
          qualified residence of the taxpayer resulting from the refinanc-            
          ing of acquisition indebtedness, but only to the extent that the            
          amount of the indebtedness resulting from such refinancing does             
          not exceed the amount of the refinanced indebtedness.  Id.                  
               Section 164 allows a deduction for certain taxes, including            
          real property taxes, paid or accrued during the taxable year.               






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