Unni Krishnan Nair - Page 8




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          Sabastin’s names.  Therefore, petitioner must establish                     
          beneficial or equitable ownership in the Bronx Boulevard house in           
          order to be entitled to deduct any mortgage interest payments.              
          See Daya v. Commissioner, supra; Trans v. Commissioner, T.C.                
          Memo. 1999-233; Uslu v. Commissioner, T.C. Memo. 1997-551.                  
               State law determines the nature of property rights, and                
          Federal law determines the tax consequences of those rights.                
          United States v. Natl. Bank of Commerce, 472 U.S. 713, 722                  
          (1985); Blanche v. Commissioner, T.C. Memo. 2001-63, affd. 33               
          Fed. Appx. 704 (5th Cir. 2002).  Under New York law, a purchaser            
          of property becomes the equitable owner upon entering into a                
          contract for sale of the property.  Dubbs v. Stribling &                    
          Associates, 712 N.Y.S.2d 19 (App. Div. 2000), affd. 752 N.E.2d              
          850 (2001); Edwards v. Van Skiver, 681 N.Y.S.2d 893 (App. Div.              
          1998).  Petitioner has not alleged, and we find no evidence in              
          the record, that petitioner ever gained an equitable ownership              
          interest in the Bronx Boulevard house.  Petitioner offered no               
          evidence that his father or Mr. Sabastin ever entered into an               
          agreement that would entitle petitioner to an ownership interest            
          in the house.  Therefore, we find that petitioner was not an                
          equitable owner of the Bronx Boulevard house during 2003.                   
               Furthermore, petitioner’s situation is not similar to cases            
          where we have held that even though the taxpayer’s family member            
          secured the mortgage as an accommodation, the deduction was                 







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