Cathy Miller Hardy - Page 13

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          Hardy has income for 1985 in an amount greater than that deter-             
          mined in the notice (viz., $29,684) on which the deficiency                 
          determined therein and claimed herein is based.  Hereinafter,               
          unless otherwise indicated, any reference to the income paid to             
          and/or earned by Mr. Hardy during 1983, 1984, and 1985 shall be             
          to such income of $48,264.38, $22,986, and $29,684, respectively.           
              Alleged Oral Agreement Between                                         
               Petitioner and Mr. Hardy                                               
               Although petitioner does not dispute that any income that              
          was paid to and/or earned by Mr. Hardy during the years at issue            
          is presumed to be community income under Nevada's community                 
          property law, she contends that (1) at the time of her marriage             
          to Mr. Hardy, she and Mr. Hardy entered into an oral agreement to           
          keep their respective property separate, and (2) accordingly, the           
          income that was paid to and/or earned by Mr. Hardy during those             
          years is not community income.  Respondent disputes the existence           
          of such an oral agreement.  Respondent further maintains that,              
          even assuming arguendo that petitioner and Mr. Hardy had entered            
          into such an agreement, income paid to and/or earned by Mr. Hardy           
          during the years at issue would nonetheless constitute community            
          income for Federal income tax purposes because, under Nevada law,           
          an agreement between spouses to keep their respective property              
          separate is not effective against a third party, such as respon-            
          dent, unless it is in writing and is recorded.                              







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