Laura Massaglia v. Commissioner of Internal Revenue

MURRAH, Chief Judge.

Petitioner seeks review of a decision of the Tax Court (33 T.C. 379), sustaining the Commissioner’s determination and assessment of deficiencies in income taxes for the years 1952 and 1953. She computed and returned her taxable income for those years on the theory that her income-producing property was community property under controlling New Mexico law, and that upon the death of her husband in 1951, the basis of her interest was the fair market value at that time. 1 The Commissioner determined, however, that the property was owned by the petitioner and her husband as…