§687
10 cases·1 followed·1 limited·8 cited—10% support
Statute Text — 26 U.S.C. §687
Statute text not available for this section.
10 Citing Cases
687 (West 1982). - 8 - Under California law, property acquired by spouses during wedlock is statutorily presumed to be community property. Cal. Civ. Code sec. 5110 (West 1986). However, where a husband and wife take property by deed as joint tenants, the presumption of community property is rebutted. Schindler v. Schindler, supra at 568; Sibe
687 (West 1982). California Civ. Code sec. 5110.710 (West 1983) was repealed in 1993, but it was continued in California Fam. Code sec. 850(b) (West 1994). California Civ. Code sec. 5110.730 was repealed and continued without substantive change in California Fam. Code sec. 852 (West 1994). California Fam. Code secs. 850 and 852 were operative
(West 1982); Lucia v. Commissioner, supra. Under California law, absent a contrary agreement, each spouse has the right to one half of all community income from the moment it is acquired and therefore is liable for the Federal income tax on one half of such amount. Cal. Civ. Code sec. 5105. (West 1983); United States v. Malcolm, 282 U.S.
(West 1982); Lucia v. Commissioner, supra. Under California law, absent a contrary agreement, each spouse has the right to one half of all community income from the moment it is acquired and therefore is liable for the Federal income tax on one half of such amount. Cal. Civ. Code sec. 5105. (West 1983); United States v. Malcolm, 282 U.S.