Laura D. Seidel - Page 27

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          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          superseded the United States Board of Tax Appeals.                          





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