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50 U.S.C. § 4013 — Inappropriate use of chapter
Federal law — U.S. Code and appendices · legal_authorities
If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
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Source location: Title 50, Chapter 50, § 4013; chapter-050-servicemembers-civil-relief.md
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If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Residence or domicile**
(1) **In general** — A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.
(2) **Spouses** — A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember’s military orders.
(3) **Election** — For any taxable year of the marriage, a servicemember and the spouse of such servicemember may elect to use for purposes of taxation, regardless of the date on which the marriage of the servicemember and the spouse occurred, any of the following:
(A) The residence or domicile of the servicemember.
(B) The residence or domicile of the spouse.
(C) The permanent duty station of the servicemember.
**(b) Military service compensation** Compensation of a servicemember for military service shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the servicemember is not a resident or domiciliary of the jurisdiction in which the servicemember is serving in compliance with military orders.
**(c) Income of a military spouse** Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in whi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prima facie evidence** In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named is, is not, has been, or has not been in military service.
(2) The time and the place the person entered military service.
(3) The person’s residence at the time the person entered military service.
(4) The rank, branch, and unit of military service of the person upon entry.
(5) The inclusive dates of the person’s military service.
(6) The monthly pay received by the person at the date of the certificate’s issuance.
(7) The time and place of the person’s termination of or release from military service, or the person’s death during military service.
**(b) Certificates** The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it.
**(c) Treatment of servicemembers in missing status** A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1014
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4011
SUBCHAPTER VI—ADMINISTRATIVE
REMEDIES
§ 4011. Inappropriate use of chapter
If a court determines, in any proceeding to en-
force a civil right, that any interest, property,
or contract has been transferred or acquired
with the intent to delay the just enforcement of
such right by taking advantage of this chapter,
the court shall enter such judgment or make
such order as might lawfully be entered or made
concerning such transfer or acquisition.
(Oct. 17, 1940, ch. 888, title VI, § 601, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2859.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 581 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 601 of act Oct. 17, 1940, ch. 888, art. VI,
54 Stat. 1190; Jan. 20, 1942, ch. 10, §§ 1, 2, 56 Stat. 10; Pub.
L. 102–12, § 9(26), Mar. 18, 1991, 105 Stat. 41, related to
certificates of service and persons reported missing,
prior to the general amendment of this Act by Pub. L.
108–189. See section 4012 of this title.
Provisions similar to this section were contained in
section 600 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat.
1190; Pub. L. 102–12, § 9(25), Mar. 18, 1991, 105 Stat. 41,
prior to the general amendment of this Act by Pub. L.
108–189.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 4012. Certificates of service; persons reported
missing
(a) Prima facie evidence
In any proceeding under this chapter, a certifi-
cate signed by the Secretary concerned is prima
faci
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