Allen F. Kenfield v. United States
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LOGAN, Circuit Judge.
This is a federal income ,tax case. At issue is whether an ex-husband may be taxed on all the income of a partnership interest divided in a Colorado divorce.
Plaintiff Allen Kenfield was a partner in a two-person partnership engaged in land sales. In November 1977, while still a partner, Kenfield was divorced from his wife. The Colorado court granting the divorce held that Kenfield’s partnership interest was marital property, whose value was to be divided between the spouses. See Colo.Rev.Stat. § 14-10-113(3) (1973).
The Colorado court found, however, that the value of the…
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