John D. Shea - Page 12




                                       - 12 -                                         


          B.  Application of Community Property Law in 1992                           

               Petitioner's 1992 return was filed as a joint return.  In              
          the notice of deficiency, respondent changed petitioner's filing            
          status from married filing jointly to married filing separately.            
          Nevertheless, respondent determined petitioner's unreported                 
          income without making any adjustment for California's community             
          property law.  The notice of deficiency does not refer to                   
          California community property law, any exceptions to such law, or           
          any facts that might support such exceptions.                               
               Married persons who reside in a community property State are           
          generally each required to report one-half of their community               
          income for Federal income tax purposes.  United States v.                   
          Mitchell, 403 U.S. 190 (1971); Drummer v. Commissioner, T.C.                
          Memo. 1994-214, affd. without published opinion 68 F.3d 472 (5th            
          Cir. 1995).  Petitioner contends that under California law, the             
          1992 income generated by petitioner's consulting business is                
          community income and that he is required to report and be taxed             

               9(...continued)                                                        
          Less:                                                                       
          Conceded deductions    48,565.34     32,551.00      1,808.00                
          Additional allowable                                                        
          deductions            7,735.00      6,616.00          0.00                  
                                                                                      
          Net profit            336,231.66    356,394.00    443,172.00                







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