- 8 - The check register shows only one entry that relates directly to a payment on the condo. The entry reads: “Dep. to 7942 acct 5/27/00 4,000.00 from Dan Gray, Less $2,000.00 for Condo, approx Bal. 3591.00.” A comparison of the check register to the bank statement shows that Mrs. Tiernan was the payee of check No. 2057, dated May 30, 2000, for $2,000 (check No. 2057). Petitioner urges the Court to infer from the entry that petitioner has been making payments on the principal and the interest under the “note”. It is unclear which portion of check No. 2057, if any, would constitute interest because interest was unstated under the “note”. At trial, petitioner failed to explain how he had determined the interest component for each payment, or how he had calculated that he paid a home mortgage interest expense of $6,600 for 2000. Petitioner relies solely on his uncorroborated testimony that the interest due and paid under the “note” for 2000 was $6,600. Even if petitioner had paid any interest under the “note”, it is not deductible because the Court is not persuaded that petitioner was the equitable owner of the condo in 2000. Other than check No. 2057, the check register shows no other payments to Mrs. Tiernan or payments related to the condo. Petitioner didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011