# Hoffmann v. Hoffmann

> Supreme Court of Missouri · September 11, 1984 · 676 S.W.2d 817

URL: https://www.frixlaw.com/law-library/cases/9638178

## Case

- **Full name:** In Re the Marriage: Sybil June HOFFMANN, Petitioner-Appellant, v. Paul Rupert HOFFMANN, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** September 11, 1984
- **Citations:** 676 S.W.2d 817; 1984 Mo. LEXIS 268
- **Precedential status:** Published
- **Opinion:** Concurrence by Welliver
- **Judges:** Gunn, Higgins, Billings, Donnelly, Rendlen, Welliver, Blackmar
- **Cited by:** 166 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9638178

## How later opinions describe it (automated extraction)

- noting that "[gjenerally, the wife could not claim the retained earnings as marital property, because ' the earnings and profits of a corporation remain its property until severed from other corporate assets and distributed as dividends” but also. recognizing that with closely…

## Opinion text

WELLIVER, Judge,
concurring in result.
I concur in result. I do not believe adoption of the “source of the funds” test is necessary to the disposition of this case. Abandonment of the “inception of title” test and adoption of the “source of the funds” test only serves to saddle an already overburdened judiciary with a tedious task of tracing that generally will be as undeterminative of the case as the discussion was herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9638178. Public record. Not legal advice.