- 14 - Bard property) at the time of his death.2 We must decide whether, at the time of decedent's death, the interest in the Bard property was decedent’s separate property or community property. II. Relevant Law A. State Law We look to State law to determine property rights. Estate of Rowan v. Commissioner, 54 T.C. 633, 639 (1970) (citing Commissioner v. Estate of Bosch, 387 U.S. 456 (1967)). “The realty of a decedent is disposed of in accordance with the laws of the state in which it is located.” In re Herbert’s Estate, 109 P.2d 729 (Cal. Ct. App. 1941); cf. Cal. Civ. Code sec. 755 (West 1982) ("Real property within this State is governed by the law of this State, except where the title is in the United States."). The Bard property is located in California, and, consequently, we must look to California law to determine how it passed on decedent’s death. If the Bard property was decedent's separate property, then one-third of his interest in that property passed to petitioner under the intestate succession law 2 The record is ambiguous as to whether, at the time of decedent's death, the Bard property was owned by the Windmill Ranch partnership (the partnership). Petitioner clearly believes that the Bard property was not owned by the partnership, although she has not proposed a finding to that effect. At trial, respondent's counsel stated that she had no knowledge that the Bard property had ever been deeded to the partnership. We shall assume, without deciding, that the Bard property was not owned by the partnership.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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