Thomas R. Jones - Page 7

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               On May 3, 2004, respondent mailed to petitioner a notice of            
          deficiency in the amount of $2,726 with regard to petitioner’s              
          2000 Federal income tax return in which respondent determined               
          that $3,127 of the $19,500 petitioner received from RRB and the             
          $22,230 received from UCLI constituted taxable income to                    
          petitioner.  Respondent also determined that petitioner was                 
          liable for a section 6651(a)(1) failure to file addition to tax             
          and a section 6654(a) addition to tax for failure to make                   
          estimated tax payments.                                                     
               For 2000, petitioner does not dispute the income adjustments           
          relating to the funds received from RRB and UCLI.  Petitioner,              
          however, argues that he should be able to deduct as mortgage                
          interest and as real property taxes a portion of the payments he            
          made in 2000 relating to the property.                                      

                                       OPINION                                        
          Interest and Property Tax Payments                                          
               Under section 163, interest paid on a mortgage relating to a           
          qualified residence generally is deductible.  Sec. 163(h)(2) and            
          (3).  For the mortgage interest to be deductible by a particular            
          taxpayer, the mortgage must be the obligation of the taxpayer               
          claiming the deduction, not the obligation of another.  Golder v.           
          Commissioner, 604 F.2d 34, 35 (9th Cir. 1979), affg. T.C. Memo.             
          1976-150.  However, under section 1.163-1(b), Income Tax Regs.,             
          even though property may not be in a taxpayer’s name, as long as            





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