Alcmene and Peter Haloftis - Page 5




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          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.                                                                 




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