- 7 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011