Laura D. Seidel - Page 26

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          163(h)(1), however, provides that, in the case of a taxpayer                
          other than a corporation, no deduction is allowed for personal              
          interest.  Qualified residence interest is excluded from the                
          definition of personal interest and thus is deductible under                
          section 163(a).  See sec. 163(h)(2)(D).  Qualified residence                
          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.                              
               However, a deduction with respect to interest arising out of           
          a joint obligation of a taxpayer and another party is only                  
          allowable to the taxpayer to the extent he or she makes payment             






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