CALIFORNIA FAMILY LAW
...Income Tax Matters
......Community Property: Assets
.........Assignment of Income
5 Cards On This Topic:
  • Parties may not contractually assigned tax consequences of income from party who earned them to another.
  • Income from services and c/p assets properly assigned one-half to each party for tax purposes.
  • Where H irrevocably assigned W 40% of his royalties K from former band as part of divorce settlement, she was properly taxed on income. Assignment of income rule did not apply.
  • Nondeductible support paid by corporation to supported spouse taxable to obligor; may not assign income for tax purposes.
  • IRS position on Int.Rev. Code §1041 [no gain or loss between spouses in transfers incident to divorce] versus assignment of income discussed.