- 20 - The lesson of Commissioner v. Estate of Bosch, 387 U.S. 456 (1967), is that, respondent, having been absent from the State court proceeding that established rights to the decedent’s property, is entitled to her day in Federal court, unless she could not there prevail. The California court did not explain the basis of its determinations5; we do not know whether the California court was determining a question of California law as to community property or was relying on the unopposed averments made by petitioner that the Bard property was community property. Therefore, we cannot rule out that respondent, had she been present in the California court, would have prevailed in opposing petitioner’s claim that the Bard property was community property. The situation here is not unlike the situation we faced in Estate of Rowan v. Commissioner, 54 T.C. 633, 638 (1970) (Bosch applied; State court decision concerning ownership of property of decedent (including community property) not determinative: “On the record before us, there is no explanation of how and why the State court reached its decision.”). We conclude that we are not bound by the determinations of the California court, and we will not follow those determinations. C. Decedent’s Acquisition of an Interest in the New Mexico Ranch Decedent acquired an interest in the New Mexico ranch when that property was bought and paid for by decedent’s father. The 5 See supra note 1.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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