- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011