Cathy Miller Hardy - Page 15

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          District Court proceeding that petitioner and he did not enter              
          into an agreement to keep their respective property separate, and           
          (2) Mr. Hardy used at least a portion of the income that was paid           
          to him during the years at issue to pay at least some of the                
          living expenses (e.g., groceries, gasoline, utilities, mainte-              
          nance of the trailer house, and meals at restaurants).16                    
               Based on the record before us, we conclude that petitioner             
          has not, as required by Nevada law, rebutted by clear and                   
          convincing evidence the presumption under that law that the                 
          income paid to and/or earned by Mr. Hardy during 1983, 1984, and            
          1985 is community income.  On that record, we sustain respon-               
          dent's position that such income is community income.                       
               Section 66(b) and (c)                                                  
               Petitioner contends that, assuming arguendo that the income            
          paid to and/or earned by Mr. Hardy during the years at issue                
          constitutes community income, section 66(b) and (c) nonetheless             
          relieves her from including any portion of that income in her               
          gross income for those years.  Respondent disagrees.                        


          16  Petitioner claims that any transfer of property by Mr. Hardy            
          to her constituted a gift.  Based on our review of the record in            
          this case, we are not persuaded that any such transfer consti-              
          tuted a gift.  Rather, based on that review, we find that Mr.               
          Hardy's willingness to use the income that was paid to him during           
          the years at issue to pay at least some of the living expenses              
          supports respondent's position that that income is community in-            
          come.  See Jensen v. Jensen, 104 Nev. 95, 98, 753 P.2d 342, 344             
          (1988).                                                                     






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