James R. and Susan B. Brickman - Page 10

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          partners under section 702 in accordance with his or her interest           
          in the partnership and is reflected in each partner's adjusted              
          basis in the partnership pursuant to section 705(a).  See secs.             
          702(a)(1), (2), and (3), 705(a); Babin v. Commissioner, supra;              
          Gershkowitz v. Commissioner, 88 T.C. 984, 1005 (1987).  In the              
          case of a partnership, the insolvency exception to the                      
          recognition of COD income provided by section 108(a) is applied             
          at the partner level.  See sec. 108(d)(6).                                  
               As we have found, the COD income was an item of partnership            
          income that passed through to the partners.  We now turn to State           
          law to ascertain who owned this income.                                     
               Texas is a community property State.  Tex. Fam. Code Ann.              
          secs. 3.001-3.005 (West 1998); Lange v. Phinney, 507 F.2d 1000,             
          1005 (5th Cir. 1975).  Generally, spouses residing in a community           
          property State are liable for the Federal income tax on one-half            
          of their community income.  United States v. Mitchell, supra.               
          Income and deductions attributable to community property are also           
          petitioners' community property.  See Tex. Fam. Code Ann. secs.             
          3.001, 3.002; Adams v. Commissioner, 82 T.C. 563, 567-568 (1984);           
          Hockaday v. Commissioner, 22 T.C. 1327, 1329 (1954); Harris v.              
          Harris, 765 S.W.2d 798, 802 (Tex. App. 1989); Marshall v.                   
          Marshall, 735 S.W.2d 587, 594 (Tex. App. 1987).9                            

               9  The decisions of the State's highest court are conclusive           
          as to that State's law, but in the absence of a decision by that            
                                                             (continued...)           




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