- 13 - evidence to negate a finding that petitioner's earnings are community property. With respect to petitioner's unearned income, since the source property is presumed to be community property, and Carolyn Webb has failed to introduce evidence to the contrary, the income from such property is also community property. Estate of Frye v. Commissioner, 44 B.T.A. 835 (1941); In re Estate of Miles, 72 Cal. App. 2d 336, 341 (1945). On brief, respondent acknowledges that for 1992, the notice of deficiency mailed to petitioner failed to include $16,050 in rents earned by petitioner. However, respondent included this amount in the proposed stipulation, which was sent to petitioner and deemed admitted pursuant to Rules 91(f)(3) and 123(b). Thus, we sustain respondent's determination that the $16,050 is includable in petitioner's income for 1992. Respondent does not seek to hold Carolyn Webb liable for tax on one half of the $16,050, because she does not seek an increased deficiency against Carolyn Webb for 1992. Petitioner did not object to this allocation. Accordingly, we sustain respondent's determination that Carolyn Webb is liable for income tax on one half of all the earned and unearned income in petitioner's name for 1990, 1991, and 1992 to the extent of the income asserted against her by respondent in the notice of deficiency.7 With respect to 7 We have considered sua sponte whether sec. 66(a) applies and hold that it does not. Carolyn Webb does not meet the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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