- 27 - of the interest out of his or her own funds. See Finney v. Commissioner, T.C. Memo. 1976-329, and authorities cited therein. In Finney, the taxpayer and his wife were separated during the taxable year 1971 and held a residence as tenants by the entirety during that year. Although the mortgage interest payments were nominally made by the taxpayer’s wife, this Court concluded that he had satisfied his burden of proving that the funds used to make the interest payments were his funds, and he was therefore entitled to the deduction. However, in reaching this conclusion we relied upon a stipulation entered into between respondent, the husband, and the wife that the funds used to make the interest payments were supplied by the husband. Another case dealing with this issue is Kohlsaat v. Commissioner, 40 B.T.A. 528 (1939). In Kohlsaat, the Board of Tax Appeals9, likewise, concluded that taxpayer-husband was entitled to a deduction for mortgage interest payments made with respect to a former marital residence even though the payments were nominally made by his ex-wife. However, in that case the divorce decree provided that in addition to his obligation to make monthly alimony payments to his ex-wife, he was directed to pay $225 per month to his ex-wife, and she was directed to use these funds to make the mortgage payments for which he was 9The Revenue Act of 1942, ch. 619, 56 Stat. 798, established the Tax Court of the United States on Oct. 21, 1942, which superseded the United States Board of Tax Appeals.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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