Questão jurídica principal
Whether, for mortgage interest deduction in co-ownership with joint liability, the taxpayer may deduct all interest actually paid by him.
Decisão extraída
No. In the absence of a different economic allocation, deductible interest is generally determined by the economically justified share of each co-owner; here the half-share allocation was upheld.
Fundamentação extraída
The co-owners held the property equally and had expressly agreed in the divorce settlement to bear mortgage interest equally. Allowing deduction of all amounts paid by one co-debtor would create under-taxation because the other spouse could also deduct her share.