can a couple be married under new york common law and file a joint return for federal income tax purposes?

#2 04-02-2005, 03:09 AM

Frederick Jorden wrote:
- quote -

> effi wrote:

> > can a couple (man and woman) be married under new york
> > common law and file a married filing joint tax return for
> > federal income tax purposes?
> > > what would the couple need to substantiate a common law
> > marriage for the tax year if so?
> > > ================================================== ==========
> > Moderator:
> > The State of New York is NOT a common law State.
> > > The State of New York recognizes common law marriages
> > if and only if they were created in a common law State.
> > ================================================== ==========

> If the couple had started to cohabitant before 1936, I
> think, they would have a valid NY common law marriages.
> Now if both parties claim to be gay, GOK!

NY as are most states is a common law state. As opposed to
the Civil Law states, most of which were formerly ruled by
Spain or France. Common law is no synonymous with common law
marriage.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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#1 04-01-2005, 08:44 AM

effi wrote:

- quote -

> can a couple (man and woman) be married under new york
> common law and file a married filing joint tax return for
> federal income tax purposes?
> what would the couple need to substantiate a common law
> marriage for the tax year if so?
> ================================================== ==========
> Moderator:
> The State of New York is NOT a common law State.
> The State of New York recognizes common law marriages
> if and only if they were created in a common law State.
> ================================================== ==========

If the couple had started to cohabitant before 1936, I
think, they would have a valid NY common law marriages.
Now if both parties claim to be gay, GOK!

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

04-01-2005, 07:28 AM

"effi" <effi[at]ev1.net> wrote:

- quote -

> can a couple (man and woman) be married under new york
> common law and file a married filing joint tax return for
> federal income tax purposes?

Only if their marriage was effective before 1933, when
common law marriages were abolished in New York.

- quote -

> what would the couple need to substantiate a common law
> marriage for the tax year if so?

If you vacationed in a common law marriage state at some
point, you might claim that you satisfied their requirements
and were married under their law. But you'd better check
with a lawyer to optimize your chances.

- quote -

> Moderator:
> The State of New York is NOT a common law State.
> The State of New York recognizes common law marriages
> if and only if they were created in a common law State.

Exactly.

Stu

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

#-1 03-30-2005, 12:46 AM

can a couple (man and woman) be married under new york
common law and file a married filing joint tax return for
federal income tax purposes?

what would the couple need to substantiate a common law
marriage for the tax year if so?

================================================== ==========
Moderator:
The State of New York is NOT a common law State.

The State of New York recognizes common law marriages
if and only if they were created in a common law State.
================================================== ==========

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

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