Unni Krishnan Nair - Page 7




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          Deduction for Mortgage Interest                                             
               In general, section 163 allows a deduction for interest paid           
          or accrued on indebtedness.  For taxpayers who are not                      
          corporations, section 163(h)(1) disallows a deduction for                   
          personal interest.  Interest paid on a mortgage secured by a                
          qualified residence, however, is excluded from the definition of            
          personal interest and is therefore deductible.  See sec.                    
          163(h)(2) and (3).                                                          
               To meet the requirements of section 163, 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, section               
          1.163-1(b), Income Tax Regs., provides that even if a taxpayer is           
          not directly liable on a mortgage, the taxpayer may nevertheless            
          deduct the mortgage interest paid if he or she is the legal or              
          equitable owner of the property subject to the mortgage.  Where             
          the taxpayer does not establish legal, equitable, or beneficial             
          ownership of mortgaged property, we have disallowed the deduction           
          for mortgage interest.  See Daya v. Commissioner, T.C. Memo.                
          2000-360; Song v. Commissioner, T.C. Memo. 1995-446.                        
               Petitioner is not directly liable on the mortgage, as the              
          mortgage interest statement was directed to his parents alone.              
          Petitioner acknowledged that he did not have legal title to the             
          Bronx Boulevard house.  Title was in his father’s and Mr.                   







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