- 2 - Respondent determined deficiencies of $4,938 and $6,838 in petitioners’ Federal income taxes for the years 1998 and 1999, respectively, and the accuracy-related penalty under section 6662(a) of $1,367.60 for 1999. After concessions by respondent,2 the issues remaining for decision are: (1) Whether petitioners are entitled to exclude 30 percent of petitioner husband’s salary from gross income due to his 30 percent disability; (2) whether petitioners are entitled to an additional mortgage interest deduction of $5,567 under section 461(g)(2) for 1999; and (3) whether petitioners are liable for the section 6662(a) penalty for 1999. One other adjustment, petitioners’ miscellaneous itemized deduction, is a computational adjustment that is resolved by the Court’s holding on the other issues. Some of the facts were stipulated. Those facts, with the exhibits annexed thereto, are so found and made part hereof. Petitioners’ legal residence at the time the petition was filed was Paso Robles, California. 2Respondent incorrectly amortized points petitioners paid in the refinancing of their home mortgage over a 30-year period and based part of the $5,567 disallowed interest on that calculation. At trial, respondent conceded that petitioners had a 15-year mortgage, and the points paid should be amortized over a 15-year period. In addition, respondent conceded that petitioners were entitled to an additional deduction of $866 in interest for 1999 based on evidence petitioners presented before trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011