- 12 - married person during the marriage while domiciled in California. Cal. Fam. Code sec. 760 (West 2004). Under California law, there is a rebuttable presumption that all property acquired during marriage is community property. Hanf v. Summers, 332 F.3d 1240, 1242-1243 (9th Cir. 2003); Haines v. Haines, 39 Cal. Rptr. 2d 673, 681 (Ct. App. 1995). It follows that there is a rebuttable presumption that all income derived during the marriage while domiciled in California is community property. See, e.g., Dooley v. Commissioner, T.C. Memo. 1992-39. Since Federal income tax liability follows ownership with respect to income, there is a rebuttable presumption that any income derived in a marriage in California is taxable as community income. See United States v. Mitchell, supra at 197. Spouses who reside in a community property State may file either a joint Federal income tax return or separate Federal income tax returns. If separate returns are filed, then generally each spouse must report and pay tax on one-half of the community income, regardless of whether the spouse actually received that income. Id. at 196-197; Hardy v. Commissioner, 181 F.3d 1002 (9th Cir. 1999), affg. T.C. Memo. 1997-97; Bernal v. Commissioner, 120 T.C. 102, 105-106 (2003). B. Petitioner’s Community Income The potential sources of community income in this case are: (1) The items of income reported on petitioner’s return totalingPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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