Kenneth G. and Kim M. Bohnet - Page 4




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          their wages violates the Sixteenth Amendment.  We shall not                 
          painstakingly address petitioners' assertions "with somber                  
          reasoning and copious citation of precedent; to do so might                 
          suggest that these arguments have some colorable merit."  Crain             
          v. Commissioner, 737 F.2d 1417, 1417 (5th Cir. 1984).                       
          Accordingly, we sustain respondent's determination that these               
          amounts are income.                                                         
               We must next decide whether this income is community                   
          property income.2  Under Washington law, with certain exceptions,           
          all property (including compensation earned by a spouse) acquired           
          after marriage is presumed community property and treated as                
          acquired or earned by each spouse.  See Wash. Rev. Code Ann.                
          secs. 26.16.010 through 26.16.030 (West 1997); Zielasko v.                  
          Commissioner, T.C. Memo. 1993-177.  Community property income is            
          attributable 50 percent to each spouse.  See Poe v. Seaborn, 282            
          U.S. 101 (1930).  The parties presented no evidence demonstrating           
          that the compensation and interest earned by petitioners are not            
          community property.  Therefore, we conclude that under Washington           


               2  Respondent, in separate notices of deficiency sent to Mr.           
          Bohnet and Mrs. Bohnet, determined that Mr. Bohnet is taxable on            
          100 percent of the compensation and interest he received and Mrs.           
          Bohnet is taxable on 100 percent of the compensation and interest           
          she received.  Respondent, however, did not determine that 50               
          percent of the income earned by each petitioner is taxable income           
          to the nonearning spouse.                                                   







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