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Opinion No. 46-4965

November 21, 1946

BY: C. C. McCULLOH, Attorney General

TO: Mr. C. R. Sebastian State Comptroller Santa Fe, New Mexico

{*285} We are in receipt of your letter of recent date in which you state that an ex-soldier married an ex-army nurse, and that both husband and wife are claiming an ex-serviceman's $ 2,000.00 exemption. You ask our opinion as to whether the parties should be allowed a $ 2,000.00 exemption each, that is to say, $ 4,000.00 in all, or should only be allowed a $ 2,000.00 exemption between them.

Section 76-111 of the N.M. 1941 Compilation defines soldiers to include honorably discharged soldiers and army nurses.

Section 76-113 of the N.M. 1941 Compilation provides that real and personal property of every soldier shall be exempt from taxation in the sum of $ 2,000.00. Thus, the exemption is given to the soldier, as defined in Section 76-111, as a personal exemption.

It is therefore my opinion that if both the husband and wife are soldiers within the meaning of Section 76-111, that each may hold exempt his or her property to the sum of $ 2,000.00, so that between the two, they could hold exempt from taxation property in the sum of $ 4,000.00.

It is further my opinion that if the property involved is community property, each may hold exempt his or her one-half interest in the property to the sum of $ 2,000.00 each, so that as to such property, the two may hold the same exempt to the sum of $ 4,000.00. The same would be true of property held by them as joint tenants, or as tenants in common.

Trusting the foregoing sufficiently answers your inquiry, I am

By ROBERT W. WARD,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.