- 8 - finance their improvements. Respondent does not dispute or challenge the fact that improvements were both made and paid for by petitioners. Respondent contends that, because the cost of their improvements exceeded the amount saved from the refinancing, section 461(g)(2) does not apply. The Court disagrees. Section 461(g)(2) applies if the taxpayer pays points to refinance “in connection with” the improvement of his principal residence. The Court has never specifically addressed under what facts or circumstances section 461(g)(2) allows a taxpayer to deduct points paid during refinancing; however, the Court has addressed how narrowly the phrase “in connection with”, as used in section 461(g)(2) and other Internal Revenue Code sections, should be construed. Based on the intent of Congress, the Court applies a broad interpretation of the phrase “in connection with”. Fort Howard Corp. & Subs. v. Commissioner, 103 T.C. 345 (1994), superseded by legislation and supplemented by 107 T.C. 187 (1996). In Fort Howard Corp. & Subs., the Court defined the meaning of the phrase “in connection with” as pertaining to a redemption deduction under section 162(k)(1). The Court, id. at 353-354, cited congressional reports that stated: “the phrase ‘in connection with’ is intended to be construed broadly” and would extend to “any other expenditure that is necessary or incident toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011