Massaglia v. Commissioner
United States Tax Court
1. Petitioner and her deceased husband had moved to New Mexico, a community property State, in 1916 from Colorado, a common law State, and had orally agreed that each should receive one-half of the profits of their business and that each would hold an equal one-half interest as tenant in common with the other in all properties purchased with the profits of the business.
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1. Petitioner and her deceased husband had moved to New Mexico, a community property State, in 1916 from Colorado, a common law State, and had orally agreed that each should receive one-half of the profits of their business and that each would hold an equal one-half interest as tenant in common with the other in all properties purchased with the profits of the business. In 1938, the Supreme Court of New Mexico, in statutory construction, held that husbands and wives could not transmute by agreement inter sese the character of community property. In 1943, petitioner and her husband reduced…
1Opinion of the Court
Laura Massaglia, Petitioner, v. Commissioner of Internal Revenue, Respondent
Massaglia v. Commissioner
Docket No. 66461
United States Tax Court
33 T.C. 379; 1959 U.S. Tax Ct. LEXIS 25;
November 30, 1959, Filed
Decision will be entered under Rule 50.
1. Petitioner and her deceased husband had moved to New Mexico, a community property State, in 1916 from Colorado, a common law State, and had orally agreed that each should receive one-half of the profits of their business and that each would hold an equal one-half interest as tenant in common with the other in all properties purchased with the profits…
2Cases cited38 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Burnet v. HarmelSupreme Court of the United States · 1932
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
- Morgan v. CommissionerSupreme Court of the United States · 1940
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
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