- 15 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011