- 3 - v. Commissioner, 84 T.C. 889, 897 (1985), affd. without published opinion 805 F.2d 1073 (D.C. Cir. 1986); Brown v. Commissioner, 1 T.C. 225, 227 (1942). Thus, interest paid by a taxpayer on the indebtedness of the taxpayer’s mother is not deductible by that taxpayer. Schrayter v. Commissioner, T.C. Memo. 1979-388; Emmons v. Commissioner, T.C. Memo. 1961-290. The regulations also provide that a taxpayer who is a legal or equitable owner of mortgaged real property may deduct interest paid as interest on indebtedness, even though the taxpayer is not directly liable on the bond or note secured by such mortgage. Sec. 1.163-1(b), Income Tax Regs. In Golder v. Commissioner, 604 F.2d 34, 36 (9th Cir. 1979), affg. T.C. Memo. 1976-150, the Court of Appeals for the Ninth Circuit, to which an appeal in this case would lie if the case were appealable, construed the foregoing regulation. The Court of Appeals explained in pertinent part that that regulation “does nothing more than permit the deduction of interest in situations where the taxpayer-borrower is not personally liable on a mortgage of property which is used as security for a loan made to the taxpayer.” Id. Petitioner alleges that the claimed interest deduction was interest paid by him on a mortgage loan taken out by his mother on her house, and that the money was borrowed so petitioner could run a business. Petitioner claimed he promised to pay the mortgage loan and that his failure to repay would result, uponPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011