- 51 - 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.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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