- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011