- 21 - As previously stated, at trial, petitioner testified that the qualified residence was in Ms. Lewis’s name because of his bad credit history. Petitioner presented no documentary evidence such as the mortgage itself or canceled checks to prove that the mortgage was his obligation or that he paid the mortgage interest during taxable year 2000. Further, Ms. Lewis claimed a deduction for the home mortgage interest paid on the subject property for taxable year 2002 in the amount of $6,548. Since petitioner has failed to provide any proof that the mortgage was his obligation or that he made mortgage interest payments, we sustain respondent’s disallowance of petitioner’s claimed deduction of home mortgage interest. B. Gifts to Charity On petitioner’s Schedule A filed with his Federal income tax return for taxable year 2000, he reported the following gifts to charity: Itemized Deductions Amount Gifts by cash or check $3,300 Gifts other than by cash or check 250 Total gifts $3,550 Respondent determined that petitioner did not adequately substantiate that “gifts other than by cash or check” were made. Respondent further determined that, if such gifts were made, petitioner did not adequately substantiate the fair market value of the gifts. Accordingly, respondent allowed a deduction forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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