- 10 - returns. Similar to mortgage interest deductions, real estate taxes are deductible under section 164(a) only by the person on whom the liability is imposed. Magruder v. Supplee, 316 U.S. 394, 398 (1942); Cramer v. Commissioner, 55 T.C. 1125, 1130 (1971); Manning v. Commissioner, T.C. Memo. 1993-127. Because we found above that petitioner was not the legal, equitable, or beneficial owner of the LA property, he is also not entitled to Schedule A deductions for real estate taxes paid thereon. Respondent is sustained on this issue. Dependency Exemption Section 151(c) allows a taxpayer to deduct an annual exemption amount for each dependent of the taxpayer. As relevant here, a “dependent” is defined in section 152(a) as an individual “over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer”. In order to prevail, petitioner must show by competent evidence: (1) The total support provided for each individual claimed, and (2) that he provided more than half of such total support. The amount of total support may be reasonably inferred from competent evidence. Stafford v. Commissioner, 46 T.C. 515, 518 (1966). However, where the amount of total support of an individual during the taxable year is not shown, and cannot be reasonably inferred from competent evidence, then it is not possible to conclude that the taxpayer hasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011