Daniel M. Gray - Page 10

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          not offer any other evidence to show that he made payments on the           
          mortgage for the condo.                                                     
               Petitioner’s evidence, as a whole, indicates that he was               
          more like a lessee than an equitable owner of the condo during              
          2000.  Petitioner has not shown that he assumed the benefits and            
          burdens of ownership.  See Baird v. Commissioner, 68 T.C. 115,              
          124 (1977) (a taxpayer becomes the equitable owner of property              
          when he assumes the benefits and burdens of ownership).                     
               The bank statements show that petitioner made numerous                 
          purchases from Home Depot and Homebase to improve the condo.                
          After the improvements were completed, petitioner submitted a               
          Tenant Reimbursement Request for Alterations to Rental Unit to              
          the Tiernans to seek reimbursement for the materials and labor              
          spent on the project.                                                       
               Furthermore, the letters dated 2002, between petitioner and            
          Mr. Tiernan, show that petitioner was facing eviction from the              
          condo because he was behind on his “monthly payments”.  In one of           
          the letters, petitioner characterized a payment that he was                 
          making to the Tiernans as “Lease/Rental of 5912 Walerga St. #2”.            
               Based on the foregoing, the Court finds that petitioner has            
          not treated the condo as if he were the owner and has not                   
          established equitable ownership of the condo during 2000.                   
          Respondent’s determination disallowing petitioner’s home mortgage           
          interest deduction is therefore sustained.                                  





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