Tuer v. Commissioner

1983 T.C. Memo. 441, 46 T.C.M. 870, 1983 Tax Ct. Memo LEXIS 345
United States Tax Court·Decided July 27, 1983·No. Docket No. 8153-82·Unpublished·Cited by 2 cases

Opinion

MARILYN JOY TUER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
Tuer v. Commissioner
Docket No. 8153-82
United States Tax Court
T.C. Memo 1983-441; 1983 Tax Ct. Memo LEXIS 345; 46 T.C.M. (CCH) 870; T.C.M. (RIA) 83441;
July 27, 1983.
Marilyn Joy Tuer, pro se.
Jerome F. Warner, for the respondent.

FEATHERSTON

MEMORANDUM FINDINGS OF FACT AND OPINION

FEATHERSTON, Judge: This case was assigned to and heard by Special Trial Judge Lee M. Galloway, pursuant to the provisions of section 7456(c) of the Internal Revenue Code1 and Rules 180 and 181, Tax Court Rules of Practice and Procedure.2 The Court agrees with and adopts his opinion which is set forth below.

*346 OPINION OF THE SPECIAL TRIAL JUDGE

GALLOWAY, Special Trial Judge: Respondent determined a deficiency of $646.50 in petitioner's 1979 Federal income tax. After a concession by respondent, the issues for decision are (1) whether petitioner may deduct payments of property taxes due and interest on a mortgage owed on her father's residence, and (2) whether petitioner is entitled to a sales tax deduction in excess of the amount allowed by respondent.

Some of the facts are stipulated and are so found. Petitioner was a resident of Jamesville, New York, at the time of filing her petition.

During 1979, petitioner and her two children resided with petitioner's parents in a home owned by her father. Petitioner's father was in poor health and unable to manage his financial affairs during 1979. Petitioner paid school and city taxes billed to her father and mortgage payments due on the property. The mortgage obligated petitioner's father to make his payments. Respondent disallowed the amounts petitioner paid for property taxes and interest on the mortgage.

It is well established that, in general, taxes paid on property may be deducted as such only if the payer is the person*347 on whom the tax obligation is imposed. See section 1.164-1(a), Income Tax Regs.; Cramer v. Commissioner,55 T.C. 1125, 1130 (1971); Schrayter v. Commissioner,T.C. Memo 1979-388. The same rule prevents a person from deducting mortgage interest as such if that person is not legally obligated to pay the mortgage. Section 1.163-1(b), Income Tax Regs.; Schrayter v. Commissioner,supra;Emmons v. Commissioner,T.C. Memo. 1961-290. Title to the property in question was transferred to petitioner's name sometime after 1979. Accordingly, no deductions for taxes and interest paid the allowable to petitioner in the taxable year.

However, petitioner argues that her payments of the interest and taxes due had to be made to protect foreclosure of the property. Since petitioner's father's physical and mental condition prevented him from thinking clearly and handling business matters, petitioner contends that her "mitigating circumstances" require an allowance of the taxes and interest deductions claimed. However, we must decide the case under the Internal Revenue Code, not on what we perceive to be extenuating circumstances. *348 See Commissioner v. Gooch Co.,320 U.S. 418 (1943); Hays Corp. v. Commissioner,40 T.C. 436, 443 (1963), affd. 331 F.2d 422 (9th Cir. 1964). Respondent is sustained on this issue.

Petitioner claimed an estimated sales tax deduction of $700 on her tax return. Respondent calculated a deduction of $373.80 by use of his optional State sales tax tables as applied to petitioner's 1979 income.Petitioner argues that the allowable deduction should be increased based on additional available in

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Tuer v. Commissioner, 1983 T.C. Memo. 441, 46 T.C.M. 870, 1983 Tax Ct. Memo LEXIS 345 (tax 1983).

1983 T.C. Memo. 441 (Tuer v. Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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