Legal Opinion

Pedder v. Commissioner

United States Board of Tax Appeals

Decided June 2, 1930No. Docket No. 29979PublishedCited by 1 opinion

Where a husband and wife domiciled in the State of California have a joint bank account and the husband has drawn funds from this account and purchased property in his own name, the income from such property is taxable to the husband.

1Opinion of the Court

*13OPINION.

Matthews:

The petitioner contends that the joint bank account was a joint tenancy; that the property purchased with funds drawn by him from such account is held in joint tenancy, even though title to the property was taken solely in his name; and that the income from such property is their joint income.

'Respondent contends that the property in question is community property and that the income derived therefrom is taxable to the petitioner.

Under the presumption which arises by virtue of section 164 of the Civil Code of California, all property acquired after marriage by either husband…

2Cases cited5 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Corliss v. BowersSupreme Court of the United States · 1930
  3. United States v. RobbinsSupreme Court of the United States · 1926
  4. In Re Estate of HarrisCalifornia Supreme Court · 1915
  5. Lincoln v. SibeckCalifornia Court of Appeal · 1915

3Cited by1 opinion

  1. Pedder v. CommissionerUnited States Board of Tax Appeals · 1930

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