Lorianne Blake - Page 10

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               Interest paid by the taxpayer on a mortgage upon real                  
               estate of which he is the legal or equitable owner,                    
               even though the taxpayer is not directly liable upon                   
               the bond or note secured by such mortgage, may be                      
               deducted as interest on his indebtedness. * * *                        
          Only interest paid on a mortgage on property for the period after           
          the taxpayer becomes the legal or equitable owner of the property           
          is deductible by the taxpayer as interest on her indebtedness.              
          Zards v. Commissioner, T.C. Memo. 1995-497 (citing Hyde v.                  
          Commissioner, 64 T.C. 300, 306 (1975)).                                     
               State law determines the nature of property rights, and                
          Federal law determines the appropriate tax treatment of those               
          rights.  See United States v. Natl. Bank of Commerce, 472 U.S.              
          713, 722 (1985); Aquilino v. United States, 363 U.S. 509, 513               
          (1960).  Thus, whatever rights or interests, if any, petitioner             
          held in the property during the years at issue must be determined           
          by applying applicable California law.                                      
               Under California law, title to the property of a decedent's            
          estate vests, subject to administration, in his or her heirs or             
          devisees and legatees immediately on death.  Cal. Prob. Code sec.           
          7000 (West 2004); Olson v. Toy, 54 Cal. Rptr. 2d 29, 33 (Ct. App.           
          1996) (citing Dorland v. Dorland, 3 Cal. Rptr. 262, 265 (Dist.              
          Ct. App. 1960)); Raczynski v. Judge, 230 Cal. Rptr. 741, 745 (Ct.           
          App. 1986).  Such vesting is not contingent on any assent,                  
          acceptance, or election by the heirs.  Estate of Taylor v.                  
          Crippled Children's Socy., 108 Cal. Rptr. 778, 781 (Ct. App.                






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