- 17 - accordance with the rules provided in section 879(a). Section 879(a) provides that (1) “earned income”10 is attributable to the spouse who performed the services; (2) trade or business income is attributable in accordance with section 1402(a)(5); (3) community income not described in either (1) or (2) which is derived from the spouse’s separate property is attributable to that spouse; and (4) all other items of community income are attributable in accordance with the applicable community property law. We conclude that the correct classification of all the items of community income reported on petitioner’s return is under the category of “other such community income” under section 879(a)(4). Although payroll agents acting on behalf of Premium Fresh Juice reported that petitioner earned $31,385 of wages in 1998, the payroll agents did not verify that petitioner performed services for Premium Fresh Juice and acted solely on the basis of payroll information submitted to them by Mr. Bennett. Petitioner’s testimony that she never worked for Mr. Bennett’s company was credible, and as a result, we find that the $31,385 is correctly classified as “other such community income” rather than wages. The taxable interest and the IRA distribution also 10 For purposes of sec. 879(a), “earned income” is defined by reference to sec. 911(d)(2), which provides that the term means “wages, salaries, or professional fees, or and other amounts received as compensation for personal services actually rendered”.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011