Cathy Miller Hardy - Page 6

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                                       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 property               






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