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1947

State and Local Government Law

Poe v. Seaborn

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Full-Text Articles in Law

Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr. Nov 1947

Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.

Michigan Law Review

The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …


Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen Jan 1947

Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen

Michigan Law Review

The ganancial or community concept of property ownership, by which husband and wife have equal, vested, undivided, one-half interests in property held by them as tenants in community, has been a thorn in the side of federal tax laws ever since some tax-conscious community income earner decided to report as taxable only one-half of the community income, leaving the other half to be reported by and taxed to his wife upon her separate return. Such procedure first became authorized in community property jurisdictions recognizing the wife's interest as "vested" in 1920. Not long thereafter the realization began to dawn upon …