Lois E. Ordlock - Page 67

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          two or more people take title to property as tenants in common              
          under an instrument silent as to their respective shares, a                 
          presumption arises, which may be overcome by contrary evidence,             
          that their shares are equal.  Caito v. United Cal. Bank, 576 P.2d           
          466, 472 (Cal. 1978); Anderson v. Broadwell, 6 P.2d 267, 268                
          (Cal. Ct. App. 1931).  When the presumption is overcome, in the             
          absence of other controlling facts, the respective interests must           
          be determined by the relative proportion of the purchase price              
          paid by each.  Anderson v. Broadwell, supra at 268.                         
               If we disregard community property law in making our                   
          determination under section 6015(g), it is both logical and                 
          consistent with the directive in section 6015(a) to analyze                 
          petitioner’s interest in property that is owned jointly with her            
          husband as if she were an unmarried tenant in common under                  
          California law.  This form of joint ownership is the closest in             
          character to a community property interest with no survivorship             
          right under California law.                                                 
          The Need for Remedial Legislation                                           
               The majority opinion deprives taxpayers in community                   
          property States who are otherwise entitled to relief under                  
          section 6015 of the same relief afforded to taxpayers in common             
          law States.  Under the majority opinion, a taxpayer who is                  









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