Commissioner v. Harmon, 323 U.S. 44 (1944)

Commissioner of Internal Revenue v. Harmon


No. 33


Argued October 18, 19, 1944
Decided November 20, 1944
323 U.S. 44

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT

Syllabus

Husband and wife who elect to have the optional Oklahoma community property law apply to them are not entitled thereafter to divide the community income equally between them for purposes of federal income tax. Poe v. Seaborn, 282 U.S. 101, distinguished. P. 45.

139 F.2d 211 reversed.

Certiorari, 321 U.S. 760, to review the affirmance of a decision of the Tax Court, 1 T.C. 40, which reversed the Commissioner’s determination of a deficiency in income tax.