- 4 - completely phased out at a modified AGI level of $75,000 for joint return filers. Sec. 221(b)(2)(B). Petitioners contend that respondent improperly disallowed their education loan interest deduction because the “IRS treated the interest as a new loan and not a loan in the repayment stage”. We are unsure why petitioners make a distinction between a new loan and a loan in “repayment stage”, but the distinction is irrelevant. The limitations of section 221(b), entitled “Maximum Deduction”, apply to all education loan interest deductions so long as the education loan is qualified and with respect to the first 60 months of repayment. Sec. 221(d). Respondent does not contest that the loan payments were within the 60-month period. Petitioners’ next argument is that they are not subject to any limitation on the education loan interest deduction because “line 28 of * * * [Schedule A] states that if line 34 is over $124,500, your deduction is not limited.” Petitioners are misguided in this assertion. Line 28 refers to the itemized deduction phaseout amount1 and has no bearing on petitioners’ entitlement to the education loan interest deduction. Section 1 Sec. 68 establishes an overall limitation on itemized deductions. For 1998, the phaseout begins at adjusted gross income of $124,500 for joint return filers. Petitioners correctly assert, and respondent does not contest, that petitioners are not subject to the sec. 68 limitation on itemized deductions.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011