Lorianne Blake - Page 11

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          1973) (citing Estate of Meyer v. McGrath, 238 P.2d 597, 605 (Cal.           
          Dist. Ct. App. 1951)).  Thus, here, legal title to the property             
          passed to petitioner at the time of Mr. Blake's death, in August            
          1998.                                                                       
               The Court holds that petitioner is entitled only to mortgage           
          interest deductions on Schedules A, Itemized Deductions, for the            
          interest portion of mortgage payments she made on the property              
          from the date of Mr. Blake's death in August 1998 through                   
          December 1999.  Petitioner is not entitled to a mortgage interest           
          deduction on Schedule A for payments she made prior to Mr.                  
          Blake's death because she was not directly liable on the note               
          securing the mortgage and she has failed to prove that she was              
          the legal, equitable, or beneficial owner of the property during            
          that period.                                                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        under Rule 155.                               
















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