Unmarried Couples and the Mortgage Interest Deduction

6 Pages Posted: 4 May 2009

See all articles by Patricia A. Cain

Patricia A. Cain

Santa Clara University - School of Law


On March 13, 2009, the Internal Revenue Service released Chief Counsel Advisory 200911007, concluding that unmarried co-owners of a residence were limited to mortgage interest deductions on $1 million of acquisition indebtedness. CCA 200911007 reasons that the $1 million limit should be applied per residence rather than per taxpayer. This article criticizes the IRS position.

Keywords: mortgage interest deduction, unmarried couples, CCA 200911007, Section 163(h)(3), acquisition indebtedness

Suggested Citation

Cain, Patricia A., Unmarried Couples and the Mortgage Interest Deduction. Tax Notes, April 27, 2009; Santa Clara Univ. Legal Studies Research Paper No. 09-12. Available at SSRN: https://ssrn.com/abstract=1396301

Patricia A. Cain (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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