In most instances, interest can be deducted only by the person or entity that is legally responsible for the debt. However, a potential exception appears in Regs. Sec. 1.163-1(b), which states:
Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal or equitable owner , even though the taxpayer is not directly liable upon the bond or note secured by the mortgage, may be deducted as interest on his indebtedness.
https://www.thetaxadviser.com/issues/2012/jan/tpp-jan12-story-01.html
There have been numerous Tax Court cases since then, affirming this concept, of which your CPA should be aware.
Please help to send me the IRS article showing who can claim for the mortgage. Thanks!
<a rel="nofollow" target="_blank" href="https://www.law.cornell.edu/cfr/text/26/1.163-1">https://www.law.cornell.edu/cfr/text/26/1.163-1</a>
Excellent! Your answer was very helpful. I sent it to my CPA and she has agreed to it. Thank you very much for your expert advice.
In most instances, interest can be deducted only by the person or entity that is legally responsible for the debt. However, a potential exception appears in Regs. Sec. 1.163-1(b), which states:
Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal or equitable owner , even though the taxpayer is not directly liable upon the bond or note secured by the mortgage, may be deducted as interest on his indebtedness.
https://www.thetaxadviser.com/issues/2012/jan/tpp-jan12-story-01.html
There have been numerous Tax Court cases since then, affirming this concept, of which your CPA should be aware.