Lois E. Ordlock - Page 21

                                        - 21 -                                        
          sources of payments and asset acquisitions are inherently                   
          inconsistent with the concept of a continued marital community              
          and obviously likely to disrupt that community.                             
          IV.  Conclusion                                                             
               “Any determination” in section 6015(a) refers to                       
          determinations of whether an individual taxpayer is entitled to             


               7(...continued)                                                        
          of the equal ownership:                                                     
               The equal ownership of the community property assets                   
               and acquisitions has never been dependent upon a                       
               calculus of labor or talent.  Both man and woman                       
               equally are partners in the marriage; both equally                     
               share marital property, regardless of whether or not                   
               the actual asset was earned by one or the other.  For                  
               example, if the wife is a highly paid attorney and the                 
               husband is a school teacher or works primarily at home,                
               the differential in actual earnings or earning capacity                
               is irrelevant to the ownership rights of each.  The                    
               notion of marriage as a true legal partnership extends                 
               to all the property earned by either partner during                    
               marriage.  In the common law states, if a husband earns                
               $60,000 a year and the wife's role is that of a                        
               homemaker, whether she has the primary responsibility                  
               of raising the couple's children or not, she will be                   
               entitled only to a statutory fraction of her husband's                 
               estate on his death, one-half to one-third in most                     
               states.  During the existence of the marriage she has                  
               no direct interest in his earnings, aside from her                     
               right to support.                                                      
                    In the community property system, on the other                    
               hand, both spouses have a continuing half ownership of                 
               the marital earnings from the beginning of the marriage                
               and from the time of acquisition of the property.  Each                
               party in the law today is an equal agent of the                        
               partnership, binding it if acting within the scope of                  
               his or her authority and if acting for the joint                       
               benefit of the family.  The California community                       
               property system adds to joint ownership the right of                   
               equal management and control.                                          
          Bassett, California Community Property Law, sec. 1:18 (2005 ed.).           




Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011