Case of First Impression: Community Property Law & Refunds

Jul 26, 2008 2 Replies

U.S. 9th Circuit Court of Appeals, July 24, 2008 Ordlock v. Comm'r of Internal Revenue, No. 06-74539 A tax court's determination that wife is ineligible for a refund under 26 U.S.C. section 6015 for payments on her husband's tax debt paid from their community property is affirmed, as nothing in section 6015 clearly preempts California community property law with respect to an innocent spouse's entitlement to a refund for a community property payment on the non-innocent spouse's federal income tax liability.



Via Findlaw:

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Via 9th Circuit:
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$file/0674539.pdf


Interesting case - not the typical innocent spouse situation. I'm not surprised by the outcome. In addition to the legal arguments, it just doesn't "smell" right.

But I wonder how a marital property agreement would affect this kind of case, since California law allows couples to agree that their property will be separate instead of community.

Stu

I'm not a lawyer.. but as CA law allows for pre and post marital agreements, I would think that the document would be construed to be state law and would determine the outcome under the conditions outlined in the case.

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