Francis Z. Mischel - Page 9

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          of Arizona in determining the deficiency in income tax against              
          petitioner.                                                                 
               Section 66(b) authorizes the Commissioner to disallow the              
          benefits of any community property law to a taxpayer with respect           
          to any income if (1) the taxpayer acted as if solely entitled to            
          such income and (2) the taxpayer failed to notify the taxpayer's            
          spouse (before the due date for filing the return for the taxable           
          year in which the income was earned) of the nature and amount of            
          such income.                                                                
               At trial, respondent was unable to offer any persuasive                
          reason why respondent was authorized to disregard the community             
          property laws of the State of Arizona.  Petitioner did not act as           
          if she were solely entitled to her wage income, and she did not             
          fail to notify Mr. Mischel of such income.  Indeed, petitioner's            
          wages provided the support for petitioner and her family, and               
          petitioner's wages were part of the computation on the Form                 
          1040A, which was prepared by (or at the direction of) Mr.                   
          Mischel.                                                                    
               Arizona law provides that the wages of a spouse represent              
          community property and that each spouse has an equal one-half               
          interest in those earnings.  Ariz. Rev. Stat. Ann. sec. 25-211              
          (West 1976); Goodell v. Koch, 282 U.S. 118 (1930).  Accordingly,            
          each spouse must report one-half of such income when a separate             
          income tax return is filed.  United States v. Mitchell, 403 U.S.            
          190, 198 (1971).                                                            




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