- 6 - OPINION Unreported Income Respondent determined in the notice of deficiency (notice), inter alia, (1) that petitioner has unreported income for 1983 based on Bureau of Labor Statistics (BLS) and (2) that petitioner has unreported income for 1984 and 1985 based upon one-half of the community income paid to and/or earned by Mr. Hardy during those years. Respondent concedes that petitioner does not have unreported income for 1983 based on BLS; however, she contends that petitioner has unreported income for that year based on one- half of the community income paid to and/or earned by Mr. Hardy during that year. Since respondent's position with respect to petitioner's unreported income for the years at issue rests on the application of the community property law of the State of Nevada where peti- tioner and Mr. Hardy resided at all relevant times, we shall first discuss that law. See United States v. Mitchell, 403 U.S. 190, 197 (1971). Pursuant to Nevada law, community property generally is any property acquired after marriage by either spouse or by both spouses. Nev. Rev. Stat. sec. 123.220 (1993). All property acquired after marriage is presumed to be community property. Forrest v. Forrest, 99 Nev. 602, 604, 668 P.2d 275, 277 (1983). That presumption may be rebutted, but only by clear and convincing evidence, by the spouse claiming that propertyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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