DRAPER v. UNITED STATES

Civ. No. 6347.

243 F.Supp. 563 (1965)

Delmar H. DRAPER, Jr., and Shirley Shively Draper, as a marital community, Plaintiffs, v. UNITED STATES of America and Neal S. Warren, District Director of Internal Revenue, Defendants.

United States District Court W. D. Washington, N. D.

July 19, 1965.


Attorney(s) appearing for the Case

Esther Jane Johnson, Seattle, Wash., for plaintiff.

William N. Goodwin, U. S. Atty., Seattle, Wash., Gerald W. Hess, Asst. U. S. Atty., for defendant.


BEEKS, District Judge.

The tomes of the law are replete with ingenious attempts to lawfully avoid the payment of income taxes. This is one of them. The case presents the unusual situation of a person seeking to avoid the payment of taxes admittedly due and owing by reliance on an element in the Washington community property law which is colloquially referred to among members of the Washington bar as "marital bankruptcy."

The facts are not in dispute. Shirley...

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