Herbert L. Whitehead and Jennifer L. Whitehead - Page 51




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          Sec. 164(a)(1).                                                             
               In the case of a mortgage loan for which the taxpayer is               
          jointly liable with another person, a deduction for mortgage                
          interest and property taxes is allowable to the persons or person           
          who pays such interest and taxes out of his or her own funds in             
          proportion to such payment.  See Higgins v. Commissioner, 16 T.C.           
          140, 142-144 (1951); Jolson v. Commissioner, 3 T.C. 1184, 1186-             
          1187 (1944).43                                                              
               It is petitioners’ position that they are entitled to a                
          deduction for each year at issue in the amount of $7,200 for                
          mortgage interest and property taxes paid by Mr. Whitehead with             
          respect to the Kirkland property.44  That is because, according             
          to petitioners, during each of those years Mr. Whitehead paid               




               43See also Blackburn v. Commissioner, T.C. Memo. 1979-266,             
          affd. per curiam 681 F.2d 461 (6th Cir. 1982).                              
               44Petitioners claimed in their joint return for 1996 and               
          1997 deductions for mortgage interest and property taxes in                 
          excess of the amounts paid for those years with respect to the              
          Sumner property.  The respective amounts claimed as deductions in           
          their returns that did not pertain to the Sumner property were              
          $9,772.46 and $9,691.  Respondent disallowed those respective               
          amounts of deductions for those years.  Petitioners claim on                
          brief that they are entitled to only $7,200 of those disallowed             
          amounts for mortgage interest and property taxes for each year at           
          issue.  We conclude that, of the total mortgage interest and                
          property tax deduction disallowed by respondent for each year at            
          issue, petitioners have abandoned claiming that they are entitled           
          for each such year to a deduction for mortgage interest and                 
          property taxes in excess of $7,200.  See Rybak v. Commissioner,             
          supra.                                                                      





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