- 50 - 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.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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