Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 11

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               The determination of whether an individual is married shall            
          be made as of the close of the taxable year.  Sec. 7703(a)(1).              
          Marital status for Federal tax purposes is defined by State law.            
          Lee v. Commissioner, 64 T.C. 552, 556-559 (1975), affd. 550 F.2d            
          1201 (9th Cir. 1977).                                                       
               In general, we give full faith and credit to a determination           
          of marital status by a State court possessed of jurisdiction over           
          the subject matter and parties.  E.g., Stark v. Commissioner,               
          T.C. Memo. 2003-47.  We are, however, only bound to follow                  
          interpretations of State law as announced by the highest court of           
          that State.  Commissioner v. Estate of Bosch, 387 U.S. 456, 465             
          (1967).  Accordingly, we conclude that in the unusual                       
          circumstances of this case we are not bound by the decision of              
          the Texas State court regarding petitioners’ marital status.                
          Id.; Graham v. Commissioner, 79 T.C. 415, 419-421 (1982).                   
          Indeed, petitioners’ actions perpetrated a fraud on the Texas               
          State court, and we believe that the Texas Supreme Court would              
          not enforce such a decree against third parties (such as                    
          respondent in this case).                                                   
               Ms. Yeager’s marriage to Mr. Williams was dissolved in 1994.           
          As of the close of 1994, 1995, and 1996, and through the time of            
          trial, petitioners lived together as husband and wife and                   
          represented themselves to others as being married.  Petitioners             
          never intended to and never did physically separate from each               






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