Gerry M. Griggs - Page 7

                                        - 6 -                                         
          a casualty loss, and an additional amount for charitable                    
          contributions.                                                              
               Points                                                                 
               Petitioner presented a copy of a settlement statement to               
          substantiate a deduction for $3,800 in “points” as a mortgage               
          interest deduction.  Petitioner testified that this was his third           
          refinancing.                                                                
               Personal interest is generally not allowed as a deduction.             
          Sec. 163(h).  “Qualified residence interest”, however, is not               
          treated as personal interest.  Sec. 163(h)(2)(D).  Qualified                
          residence interest includes interest paid on “home equity                   
          indebtedness with respect to any qualified residence”.  Sec.                
          163(h)(3)(A)(ii).  Home equity indebtedness is indebtedness,                
          other than “acquisition indebtedness”, secured by a qualified               
          residence, to the extent that it does not exceed the fair market            
          value of the residence, reduced by the amount of the acquisition            
          indebtedness.  Sec. 163(h)(3)(C).  Acquisition indebtedness is              
          the indebtedness secured by the residence that was incurred in              
          acquiring, constructing, or substantially improving the qualified           
          residence.  Sec. 163(h)(3)(B)(i).                                           
               The maximum amount that can be treated as home equity                  
          indebtedness is $100,000.  Sec. 163(h)(3)(C)(ii).  Petitioner’s             
          loan amount was $170,000.  Petitioner has provided no evidence of           
          the amount of the acquisition indebtedness, if any, or the fair             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011