Peter Milton Joseph and Ella Joseph, Deceased - Page 14

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          interest is any interest which is paid or accrued during the                
          taxable year on acquisition indebtedness or home equity                     
          indebtedness.  See sec. 163(h)(3)(A).  Acquisition indebtedness             
          is any indebtedness secured by the qualified residence of the               
          taxpayer or incurred in acquiring, constructing, or substantially           
          improving the qualified residence.  See sec. 163(h)(3)(B).  Home            
          equity indebtedness is any other indebtedness secured by the                
          qualified residence to the extent the aggregate amount of such              
          indebtedness does not exceed the fair market value of the                   
          qualified residence reduced by the amount of acquisition                    
          indebtedness on the residence.  See sec. 163(h)(3)(C)(i).  The              
          amount of home equity indebtedness for any taxable year cannot              
          exceed $100,000.  See sec. 163(h)(3)(C)(ii).  The indebtedness              
          generally must be an obligation of the taxpayer and not an                  
          obligation of another.  See Golder v. Commissioner, 604 F.2d 34,            
          35 (9th Cir. 1979), affg. T.C. Memo. 1976-150.                              
               Petitioners provided no documentation before, during, or               
          after trial, such as canceled checks, that substantiates their              
          claim that they made payments of home mortgage interest in excess           
          of $4,796 during taxable year 1999.  At trial, petitioner did not           
          testify as to any specific payments of home mortgage interest.              
          Petitioners’ only evidence, in this respect, is a monthly billing           
          statement from EMC Mortgage Corporation (EMC) reflecting that               
          petitioners paid $187.45 of home mortgage interest during taxable           






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