FEEDBACK

Taxation of Family Income

August 29, 1947

Report Outline
Community Property and the Income Tax
Development of Family Tax Inequalities
Tax Equalization in Theory and Practice
Special Focus

Community Property and the Income Tax

Action to eliminate federal income-tax discrimination between residents of community property states and residents of non-community property states is virtually certain to be taken by Congress at its next regular session. A move was made at the last session to remove the discrimination by extending to married persons in other states the tax advantages now enjoyed by couples in community property states. Although efforts to amend the Republican tax-reduction bill to that end were unsuccessful, the majority leadership agreed to include an equalization provision in the general tax revision planned for 1948. A majority of Democrats in Congress support the reform, and the administration has indicated, through Secretary of the Treasury Snyder, that it considers some kind of equalization desirable.

State Property Laws and Federal Tax Inequality

Under present revenue laws, husbands and wives in community property states are permitted to file separate tax returns, each covering one-half of the total family income, even if one spouse has no separate income. Division of the family income in this way may be highly advantageous for the taxpayers because, under the graduated rate schedules of the federal income tax, the levy on a single income of a given amount may be considerably larger than the sum of the taxes on two incomes aggregating the same amount. The tax advantage thus accruing to residents of community property states is particularly marked because in most families the husband earns the entire family income.

Efforts by married couples in non-community property states to divide the husband's income by means of assignments, trusts, or family partnership arrangements have, with few exceptions, been disallowed as attempts at tax evasion. But in the community property states ownership of family income is vested equally in husband and wife by state law, and the federal courts have ruled that the Treasury must recognize the division for tax purposes.

ISSUE TRACKER for Related Reports
Taxation
Jun. 28, 2013  Internet Shopping
Jan. 16, 1998  IRS Reform
Mar. 22, 1996  Tax Reform
Apr. 06, 1990  How Fair Is the Nation's Tax Burden?
Aug. 28, 1987  Taxing Business Services
Oct. 17, 1986  Tax Reform In The States
Sep. 28, 1984  Tax Debate: 1984 Election and Beyond
Mar. 19, 1982  Tax-Exemption Controversy
May 19, 1978  Property Tax Relief
Apr. 07, 1978  Tax Shelters and Reform
Feb. 10, 1971  Property Tax Reform
Mar. 26, 1969  Tax Reform Pressures
Mar. 24, 1965  Excise Tax Cuts and the Economy
Feb. 15, 1961  Flexible Taxation
Apr. 02, 1959  State Tax Problems
Apr. 23, 1958  Tax Reduction, 1958
Aug. 14, 1957  Fast Tax Write-Offs
Apr. 10, 1957  Federal Payments in Lieu of Taxes
Sep. 12, 1956  Corporation Profits and Taxes in Prosperity
Mar. 16, 1954  Shares in Tax Relief
Nov. 21, 1953  Revision of Excise Taxes
Mar. 19, 1953  Federal-State Tax Relations
Oct. 01, 1952  European Taxes and Tax Evasion
Nov. 03, 1950  Excess Profits Tax
Feb. 01, 1950  Tax Loopholes
Jun. 04, 1949  Excise Taxes
Oct. 27, 1948  Postwar Sales Taxes
Aug. 29, 1947  Taxation of Family Income
Apr. 09, 1947  Income Tax Relief
Jan. 11, 1946  Taxation of Cooperatives
Oct. 16, 1945  Federal Taxes on Business
May 08, 1944  Postwar Taxes
Sep. 20, 1943  Sales Taxes
Dec. 05, 1941  New Taxes for Defense
Apr. 05, 1941  Taxation for National Defense
Feb. 28, 1941  Taxation of Alcoholic Beverages
Jan. 11, 1941  Exemptions from Taxation
Dec. 04, 1940  Federal Taxes and Defense Financing
Feb. 01, 1940  Sharing of Tax Revenues
Feb. 02, 1939  Turnover Taxes in the States
Nov. 05, 1937  Broadening of the Income-Tax Base
Jun. 17, 1937  Exemptions from Income Taxation
Apr. 05, 1937  Coordination of Federal and State Tax Systems
Dec. 19, 1936  Revision of Federal Tax on Capital Gains
Nov. 02, 1936  State Taxation of Natural Resources
May 26, 1936  Assessment of Property for Taxation
Apr. 17, 1936  Federal Taxes on Consumption
Mar. 19, 1936  Taxation of Undistributed Corporate Profits
Dec. 17, 1935  Reduction of Tax Burdens on Real Estate
Oct. 21, 1935  Tax Delinquency in the United States
May 21, 1935  Comparative Tax Burdens in America and Britain
Feb. 01, 1935  Federal Taxation of Corporations
Nov. 27, 1934  Elimination of Conflicts in Taxation
Jul. 25, 1933  Taxation of Excess Profits
Jan. 25, 1933  Tax Burdens and Tax-Free Securities
Nov. 23, 1932  The Beer Tax and the Sales Tax
Dec. 19, 1931  Sales Taxes: Federal, State, and Foreign
Sep. 18, 1931  Death Taxes and the Concentration of Wealth
Mar. 18, 1931  Federal Taxation of Large Incomes
Jan. 10, 1931  Taxation of Capital Gains
Nov. 09, 1929  Federal Tax Reduction-1930
Aug. 08, 1927  Federal Tax Reduction—1928
Sep. 27, 1926  Tax Reduction and the Public Debt
Jan. 16, 1926  Taxation of Estates and Inheritances
Nov. 07, 1925  Federal Taxation of Small Incomes
Nov. 28, 1924  Social, Fiscal and Legal Aspects of the Inheritance Tax
Apr. 07, 1924  Causes and Effects of the Tax Return Blockade
Dec. 12, 1923  Tax Exempt Securities
Dec. 10, 1923  Taxation
BROWSE RELATED TOPICS:
Income Tax
FEEDBACK

Your Email Address

Subject

Provide Feedback

Suggest a topic here.

Type the characters you see below into the box

Take our survey to help us improve CQ Researcher!