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  #7  
Old 04-07-2009, 05:56 PM
Stuart A. Bronstein
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Default Re: Does the IRS recognize gay marriage?

honda.lioness[at]gmail.com wrote:

- quote -

> ? Miscegenation is marriage between a man and woman of different
> races. It was illegal in some states some decades ago.


Actually the misegenation statutes I've read don't prohibit marriage
between people of other races in general, just marriages between whites
and non-whites. Any other races could do whatever they wanted.

- quote -

> My question is whether back when it was illegal in some states
> these couples attempted to take MFJ status on tax returns. (Though
> I am not sure if there was potentially any advantgage way back when
> for two people to file MFJ.)


I doubt it. Traditionally the status of marriage has been governed by
local law, even for federal law purposes.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 04-07-2009, 02:45 PM
honda.lioness@gmail.com
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Default Re: Does the IRS recognize gay marriage?

rdad...[at]panix.com (Dick Adams) wrote:
- quote -

> <honda.lion...[at]gmail.com> wrote:
> > I wonder if there is any history on the IRS treatment of
> > miscegenist (sp.) marriages, illegal in some states some
> > decades ago.

> Until the enactment of DOMA in 1996, whether or not you
> were married was a function of recognition of your marriage
> by the State in which you resided. So there was no
> discrimination tax-wise for miscegenation.


? Miscegenation is marriage between a man and woman of different
races. It was illegal in some states some decades ago. My question is
whether back when it was illegal in some states these couples
attempted to take MFJ status on tax returns. (Though I am not sure if
there was potentially any advantgage way back when for two people to
file MFJ.)

- quote -

> > ISTM no politician who wants to be viable as President or
> > VP could have or can now take a stand in support of gay
> > marriage. Yet I am betting most major politicians wished
> > they could support gay marriage and be viable.


> If and when someone does bring a suit to overturn DOMA, it
> will eventually be heard before Johnny and the Supremes do
> not run for reelection.


DOMA could as easily be thrown out via Congress and the President. But
I do not see this happening before four years or more elapse, for the
aforementioned reason.

- quote -

> > Remember, the U.S. is not particularly well-educated,
> > with only about 27% of the age-eligible population
> > holding 4-year college degrees.

> How does that rank with other countries?


I would only be concerned with how the lack of critical thinking
skills among the lesser educated (generally speaking) can translate
more readily to a herd mentality and yields vulnerability to religious
fundamentalism of the holier than thou type.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 04-07-2009, 02:55 AM
Dick Adams
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Default Re: Does the IRS recognize gay marriage?

<honda.lioness[at]gmail.com> wrote:
- quote -

> joeu2004 <joeu2...[at]hotmail.com> wrote:
> > bill-d...[at]weacca.com wrote:


> > > The Defense of Marriage Act includes the following
> > > text "[...] the word 'marriage' means only a legal
> > > union between one man and one woman as husband and
> > > wife, and the word 'spouse' refers only to a person
> > > of the opposite sex who is a husband or a wife."
> > > IRS publications reflect this. For example, on
> > > page 15 of the instructions for form 1040, the second
> > > paragraph of instructions for line 2 starts "For
> > > federal tax purposes, a marriage means only a legal
> > > union between a man and a woman as husband and wife."


> > Fascinating! Can anyone comment on whether or not
> > this is a "recent" change -- for example, due to
> > the enactment of DOMA? (So "recent" means: since
> > 1996.)
> > > I coulda sworn that some time ago -- perhaps very

> > long ago -- all that the IRS 1040 instructions said
> > about the "married" filing statuses is: it depended
> > on whether or not the state recognized the "union"
> > as a marriage.


> I wonder if there is any history on the IRS treatment of
> miscegenist (sp.) marriages, illegal in some states some
> decades ago.


Until the enactment of DOMA in 1996, whether or not you
were married was a function of recognition of your marriage
by the State in which you resided. So there was no
discrimination tax-wise for miscegenation.

- quote -

> > (Wow! Such a reactionary law, and it was signed into
> > law by Clinton!)


> ISTM no politician who wants to be viable as President or
> VP could have or can now take a stand in support of gay
> marriage. Yet I am betting most major politicians wished
> they could support gay marriage and be viable.


Keep in mind that there is both a marriage benefit and a
marriage penalty in the tax code. Which one you get is
a function of individual incomes of a couple. So to
bring suit against DOMA, a couple would have to be denied
a marriage benefit.

If and when someone does bring a suit to overturn DOMA, it
will eventually be heard before Johnny and the Supremes do
not run for reelection.

- quote -

> Remember, the U.S. is not particularly well-educated,
> with only about 27% of the age-eligible population
> holding 4-year college degrees.


How does that rank with other countries?

Dick

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 04-07-2009, 01:33 AM
honda.lioness@gmail.com
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Posts: n/a
Default Re: Does the IRS recognize gay marriage?

On Apr 6, 4:44 pm, joeu2004 <joeu2...[at]hotmail.com> wrote:
- quote -

> On Apr 6, 11:42 am, bill-d...[at]weacca.com wrote:
> > The Defense of Marriage Act includes the following
> > text "[...] the word 'marriage' means only a legal
> > union between one man and one woman as husband and
> > wife, and the word 'spouse' refers only to a person
> > of the opposite sex who is a husband or a wife."
> > IRS publications reflect this. For example, on
> > page 15 of the instructions for form 1040, the second
> > paragraph of instructions for line 2 starts "For
> > federal tax purposes, a marriage means only a legal
> > union between a man and a woman as husband and wife."

> Fascinating! Can anyone comment on whether or not
> this is a "recent" change -- for example, due to
> the enactment of DOMA? (So "recent" means: since
> 1996.)
> I coulda sworn that some time ago -- perhaps very
> long ago -- all that the IRS 1040 instructions said
> about the "married" filing statuses is: it depended
> on whether or not the state recognized the "union"
> as a marriage.


I wonder if there is any history on the IRS treatment of miscegenist
(sp.) marriages, illegal in some states some decades ago.

- quote -

> (Wow! Such a reactionary law, and it was signed into
> law by Clinton!)


ISTM no politician who wants to be viable as President or VP could
have or can now take a stand in support of gay marriage. Yet I am
betting most major politicians wished they could support gay marriage
and be viable. Remember, the U.S. is not particularly well-educated,
with only about 27% of the age-eligible population holding 4-year
college degrees.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 04-06-2009, 11:44 PM
joeu2004
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Default Re: Does the IRS recognize gay marriage?

On Apr 6, 11:42*am, bill-d...[at]weacca.com wrote:
- quote -

> The Defense of Marriage Act includes the following
> text "[...] the word 'marriage' means only a legal
> union between one man and one woman as husband and
> wife, and the word 'spouse' refers only to a person
> of the opposite sex who is a husband or a wife."
> *IRS publications reflect this. *For example, on
> page 15 of the instructions for form 1040, the second
> paragraph of instructions for line 2 starts "For
> federal tax purposes, a marriage means only a legal
> union between a man and a woman as husband and wife."


Fascinating! Can anyone comment on whether or not
this is a "recent" change -- for example, due to
the enactment of DOMA? (So "recent" means: since
1996.)

I coulda sworn that some time ago -- perhaps very
long ago -- all that the IRS 1040 instructions said
about the "married" filing statuses is: it depended
on whether or not the state recognized the "union"
as a marriage.

(Wow! Such a reactionary law, and it was signed into
law by Clinton!)

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 04-06-2009, 06:42 PM
bill-deja@weacca.com
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Posts: n/a
Default Re: Does the IRS recognize gay marriage?

On Apr 6, 9:43*am, NadCixelsyd <nadcixel...[at]aol.com> wrote:
- quote -

> In those states where same-sex marriages are legal, does the tax code
> (read: IRS) allow marriage benefits? *Can Ellen Degeneres and Portia
> de Rossi file a joing tax return????


No. The Defense of Marriage Act includes the following text "In
determining the meaning of any Act of Congress, or of any ruling,
regulation, or interpretation of the various administrative bureaus
and agencies of the United States, the word 'marriage' means only a
legal union between one man and one woman as husband and wife, and the
word 'spouse' refers only to a person of the opposite sex who is a
husband or a wife." IRS publications reflect this. For example, on
page 15 of the instructions for form 1040, the second paragraph of
instructions for line 2 starts "For federal tax purposes, a marriage
means only a legal union between a man and a woman as husband and
wife."

Bill.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 04-06-2009, 05:53 PM
Mark Bole
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Posts: n/a
Default Re: Does the IRS recognize gay marriage?

Stuart A. Bronstein wrote:
- quote -

> NadCixelsyd <nadcixelsyd[at]aol.com> wrote:
> > In those states where same-sex marriages are legal, does the tax code
> > (read: IRS) allow marriage benefits? Can Ellen Degeneres and Portia
> > de Rossi file a joing tax return????


For California, yes, if they are RDP's under California Family Code
Section 297. Federal, no.


- quote -

> Under community property laws in California, say for registered
> domestic partners [RDP], the result would be that each person is considered
> to have earned half the income of the couple. But as I recall CA law
> states that for income tax purposes, a domestic partnership is ignored.


For California state income tax purposes, RDP status is not ignored.

http://ftb.ca.gov/forms/2008/08_737.pdf

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 04-06-2009, 05:21 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Does the IRS recognize gay marriage?

NadCixelsyd <nadcixelsyd[at]aol.com> wrote:

- quote -

> In those states where same-sex marriages are legal, does the tax code
> (read: IRS) allow marriage benefits? Can Ellen Degeneres and Portia
> de Rossi file a joing tax return????


Simply, no. Several years ago the federal government passed a law
(which may be unconstitutional but hasn't been challenged yet) saying
that no marriage would be recognized in any federal situation other
than those between one man and one woman.

Under community property laws in California, say for registered
domestic partners, the result would be that each person is considered
to have earned half the income of the couple. But as I recall CA law
states that for income tax purposes, a domestic partnership is ignored.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-06-2009, 04:43 PM
NadCixelsyd
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Posts: n/a
Default Does the IRS recognize gay marriage?

In those states where same-sex marriages are legal, does the tax code
(read: IRS) allow marriage benefits? Can Ellen Degeneres and Portia
de Rossi file a joing tax return????

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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