- 5 - petitioners to petitioner’s mother. Although the warranty deed recording this title transfer reflects consideration of $10,000, petitioner’s mother made no such payment to petitioners. Since 1999, the mobile home located on this real estate has been petitioners’ primary residence. Petitioners advised the settlement officer that the real estate belonged to petitioner’s mother. Petitioners indicated that petitioner’s mother had provided the funds for the 1996 cashier’s check used to purchase the real estate. Petitioners submitted to respondent’s settlement officer copies of checks and a bank statement in support of this contention. The bank statement reflects a payment by petitioner’s mother of $8,750 on August 26, 1996. The bank statement, however, also reflects a deposit of $10,532.33 into the same bank account on that same date. From the time of purchase in 1996 through the time of the collection due process hearing, petitioners paid the property taxes and mortgage payments relating to the real estate. No rental agreement between petitioners and petitioner’s mother was provided, and none appears to exist. On her Federal income tax returns, petitioner’s mother did not include rental income or deduct mortgage interest relating to this real estate. Petitioner’s mother was not called as a witness in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011