Steve J. Work - Page 15

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          circumstances presented here, we are not required to, and                   
          generally do not, rely on petitioner’s testimony to sustain his             
          burden of establishing error in respondent’s determinations.  See           
          Lerch v. Commissioner, supra at 631-632; Geiger v. Commissioner,            
          supra at 689-690; Tokarski v. Commissioner, supra at 77.                    
               We shall not rely on the Cohan rule as petitioner has not              
          presented sufficient evidence to establish a rational basis for             
          making an estimate.  Accordingly, we conclude that petitioner has           
          failed to establish that he paid any mortgage interest on a house           
          other than his house in Monument, Colorado.                                 
               Petitioner testified that he borrowed against a life                   
          insurance policy to pay “home mortgage interest” during 2000.               
          Petitioner further testified that he borrowed this money for a              
          downpayment on a house and the company that lent him this money             
          did not place a mortgage on the house.                                      
               Section 163(h)(1) generally disallows a deduction for                  
          personal interest.  An exception to this rule is “qualified                 
          residence interest”.  Sec. 163(h)(2)(D).  Qualified residence               
          interest includes “acquisition indebtedness” and “home equity               
          indebtedness”.  Sec. 163(h)(3)(A).  Acquisition indebtedness and            
          home equity indebtedness must be secured by a residence.  Sec.              
          163(h)(3)(B)(i)(II) and (C)(i).                                             









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