Ester A. D'Avilar - Page 7

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          least a portion of the “home mortgage interest” expense deduction           
          is allowed.  In general and simply put, a taxpayer is entitled to           
          a deduction for qualified residence interest (referred to on the            
          Schedule A as “home mortgage interest”).  Sec. 163(h)(2)(D).                
               In this case, petitioner has failed to establish that any              
          such interest has been paid.  She produced a copy of a mortgage,            
          but the instrument shows that the underlying indebtedness is                
          payable “on demand”.  Assuming, without finding, that the real              
          estate subject to the mortgage is a “qualified residence” within            
          the meaning of section 163(h)(3) and (4), it remains that                   
          petitioner has not produced any documents evidencing that any               
          payments on the mortgage had been made during the year in issue.            
          Petitioner is not entitled to the deduction for home mortgage               
          interest claimed on the Schedule A included with the unprocessed            
          amended return.                                                             
               That being so, as noted above, we need not consider whether            
          petitioner is entitled to the deductions for State income taxes             
          and gifts to charity because the total of those two claimed                 
          deductions, even if allowed in full, would be less than the                 
          standard deduction.                                                         
          2. Schedule C Items                                                         
               In general, a taxpayer is entitled to a deduction for all              
          ordinary and necessary business expenses.  Sec. 162(a).  The                
          types of deductions claimed on the Schedule C included with the             






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