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  #6  
Old 01-25-2008, 12:30 AM
D. Stussy
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

"Stuart Bronstein" <spamtrap[at]lexregia.com> wrote in message
news:Xns9A2FAC0FB8932avocatstuyahoofr[at]130.133.1.4...
- quote -

> "D. Stussy" <spam[at]bde-arc.ampr.org> wrote:
> > "Stuart Bronstein" <spamtrap[at]lexregia.com> wrote
> > > Mr. Travel wrote:
> > > > > > > I don't see where Section 163 states the accrued interest can
> > > > only be deducted if you are an accrued based taxpayer?
> > > > > That's the basic definition of a cash as opposed to an accrual
> > > taxpayer. Section 461(a) says,
> > > > > "The amount of any deduction or credit allowed by this subtitle
> > > shall be taken for the taxable year which is the proper taxable
> > > year under the method of accounting used in computing taxable
> > > income."
> > > ...And is in contrast to verbage used in other sections such as

> > 170A which requires payment to be deductible - i.e. cannot be
> > merely accrued (pledged).

> Section 170A? I couldn't find it. But if you're talking about
> statutes dealing with specific types of income or deduction, those
> would be exceptions, and would not diminish the general rule.


Sorry for the brain Freeze: Section 170, and it's regulations 1.170A.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 01-24-2008, 11:54 PM
Stuart Bronstein
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

"D. Stussy" <spam[at]bde-arc.ampr.org> wrote:
- quote -

> "Stuart Bronstein" <spamtrap[at]lexregia.com> wrote
> > Mr. Travel wrote:
> > > > > I don't see where Section 163 states the accrued interest can
> > > only be deducted if you are an accrued based taxpayer?
> > > That's the basic definition of a cash as opposed to an accrual

> > taxpayer. Section 461(a) says,
> > > "The amount of any deduction or credit allowed by this subtitle

> > shall be taken for the taxable year which is the proper taxable
> > year under the method of accounting used in computing taxable
> > income."

> ...And is in contrast to verbage used in other sections such as
> 170A which requires payment to be deductible - i.e. cannot be
> merely accrued (pledged).


Section 170A? I couldn't find it. But if you're talking about
statutes dealing with specific types of income or deduction, those
would be exceptions, and would not diminish the general rule.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-24-2008, 11:25 PM
D. Stussy
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

"Stuart Bronstein" <spamtrap[at]lexregia.com> wrote in message
news:Xns9A2F40280889Davocatstuyahoofr[at]130.133.1.4...
- quote -

> Mr. Travel wrote:
> > hlunsford[at]bellsouth.net wrote:
> > > In all my years of practice I never met an accrual basis
> > > individual taxpayer. Has anyone?
> > > I don't see where Section 163 states the accrued interest can only

> > be deducted if you are an accrued based taxpayer?

> That's the basic definition of a cash as opposed to an accrual
> taxpayer. Section 461(a) says,
> "The amount of any deduction or credit allowed by this subtitle shall
> be taken for the taxable year which is the proper taxable year under
> the method of accounting used in computing taxable income."


....And is in contrast to verbage used in other sections such as 170A which
requires payment to be deductible - i.e. cannot be merely accrued (pledged).

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-24-2008, 01:18 PM
Stuart Bronstein
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

Mr. Travel wrote:
- quote -

> hlunsford[at]bellsouth.net wrote:

> > In all my years of practice I never met an accrual basis
> > individual taxpayer. Has anyone?

> I don't see where Section 163 states the accrued interest can only
> be deducted if you are an accrued based taxpayer?


That's the basic definition of a cash as opposed to an accrual
taxpayer. Section 461(a) says,

"The amount of any deduction or credit allowed by this subtitle shall
be taken for the taxable year which is the proper taxable year under
the method of accounting used in computing taxable income."

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-24-2008, 12:30 PM
Mr. Travel
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

hlunsford[at]bellsouth.net wrote:

- quote -

> Brian wrote:
> > I am having a spirited discussion with one of my colleagues
> > about the deduction for home mortgage interest. I have
> > always believed that in order to deduct mortgage interest it
> > must be paid. He has directed me to IRS Code Section 163
> > which says:
> > > Code section 163
> > > (A) In general. The term "qualified residence interest"

> > means any interest which is paid OR ACCRUED during the
> > taxable year on—
> > > (i) acquisition indebtedness with respect to any qualified

> > residence of the taxpayer, or
> > > (ii) home equity indebtedness with respect to any qualified

> > residence of the taxpayer.
> > > Obviously, I added the caps for emphasis. If this means what

> > it says, can a taxpayer merely sign a new note each year for
> > the unpaid interest and take a deduction? Or is this a case
> > of, you can take a deduction for accrued interest if you
> > happen to be a cash basis individual?

> What it means is that if you are a cash basis taxpayer, you
> deduct the interest when paid and if you are an accrual
> basis taxpayer, you deduct it as it accrues.
> In all my years of practice I never met an accrual basis
> individual taxpayer. Has anyone?


I don't see where Section 163 states the accrued interest can only be
deducted if you are an accrued based taxpayer?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 03-26-2006, 02:15 PM
LTSLLC
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Posts: n/a
Default Re: Deducting accrued home mortgage interest

I believe that the terms "paid" and "accrued" refer to
whether the taxpayer uses a cash basis or accrual basis.

At least that is how those terms are used for investment
interest so I am assuming they have the same meaning or
application for mortgage interest.

See page 33 of Publication 550 under "When to deduct
investment interest".

Rudy
www.LizcanoTaxServicesLLC.com

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 03-26-2006, 01:54 PM
hlunsford@bellsouth.net
Guest
 
Posts: n/a
Default Re: Deducting accrued home mortgage interest

Brian wrote:

- quote -

> I am having a spirited discussion with one of my colleagues
> about the deduction for home mortgage interest. I have
> always believed that in order to deduct mortgage interest it
> must be paid. He has directed me to IRS Code Section 163
> which says:
> Code section 163
> (A) In general. The term "qualified residence interest"
> means any interest which is paid OR ACCRUED during the
> taxable year on—
> (i) acquisition indebtedness with respect to any qualified
> residence of the taxpayer, or
> (ii) home equity indebtedness with respect to any qualified
> residence of the taxpayer.
> Obviously, I added the caps for emphasis. If this means what
> it says, can a taxpayer merely sign a new note each year for
> the unpaid interest and take a deduction? Or is this a case
> of, you can take a deduction for accrued interest if you
> happen to be a cash basis individual?


What it means is that if you are a cash basis taxpayer, you
deduct the interest when paid and if you are an accrual
basis taxpayer, you deduct it as it accrues.

In all my years of practice I never met an accrual basis
individual taxpayer. Has anyone?

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 03-25-2006, 07:44 AM
Brian
Guest
 
Posts: n/a
Default Deducting accrued home mortgage interest

I am having a spirited discussion with one of my colleagues
about the deduction for home mortgage interest. I have
always believed that in order to deduct mortgage interest it
must be paid. He has directed me to IRS Code Section 163
which says:

Code section 163

(A) In general. The term "qualified residence interest"
means any interest which is paid OR ACCRUED during the
taxable year on—

(i) acquisition indebtedness with respect to any qualified
residence of the taxpayer, or

(ii) home equity indebtedness with respect to any qualified
residence of the taxpayer.

Obviously, I added the caps for emphasis. If this means what
it says, can a taxpayer merely sign a new note each year for
the unpaid interest and take a deduction? Or is this a case
of, you can take a deduction for accrued interest if you
happen to be a cash basis individual?

Please refer me to any section of the code that might
clarify this issue.

Thanks in advance,

Brian

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

Tags
accrued, deducting, home, interest, mortgage
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