Hilton H. Hackley - Page 7




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          Golder v. Commissioner, 604 F.2d 34, 35 (9th Cir. 1979), affg.              
          T.C. Memo. 1976-150; Smith v. Commissioner, 84 T.C. 889, 897                
          (1985), affd. without published opinion 805 F.2d 1073 (D.C. Cir.            
          1986); Hynes v. Commissioner, 74 T.C. 1266, 1287 (1980).                    
          However, the pertinent part of section 1.163-1(b), Income Tax               
          Regs., provides:                                                            
               Interest paid by the taxpayer on a mortgage upon real                  
               estate of which he is the legal or equitable owner,                    
               even though the taxpayer is not directly liable upon                   
               the bond or note secured by such mortgage, may be                      
               deducted as interest on his indebtedness. * * *                        
               In Golder v. Commissioner, supra, the Court of Appeals for             
          the Ninth Circuit stated that section 1.163-1(b), Income Tax                
          Regs., does not create an exception to the rule of section 163(a)           
          that interest is deductible only with respect to the indebtedness           
          of the taxpayer but, rather, simply recognizes the economic                 
          substance of nonrecourse borrowing.  Additionally, as required by           
          section 1.163-1(b), Income Tax Regs., the taxpayer must be the              
          “legal or equitable owner” of the property.  Where the taxpayer             
          has not established legal, equitable, or beneficial ownership of            
          mortgaged property, the courts generally have disallowed the                
          taxpayer a deduction for the mortgage interest.  Song v.                    
          Commissioner, T.C. Memo. 1995-446; Bonkowski v. Commissioner,               
          T.C. Memo. 1970-340, affd. 458 F.2d 709 (7th Cir. 1972).                    
               State law determines the nature of property rights, and                
          Federal law determines the appropriate tax treatment of those               






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