Posted on 09/20/2011 5:13:28 AM PDT by markomalley
A group of roughly 75 House members, almost exclusively Democrats, is pushing the IRS to clean up issues that same-sex married couples and domestic partners face in filing their taxes.
Overall, 15 states recognize either same-sex marriages or domestic partnerships, with New York becoming the sixth state to allow same-sex couples to marry this summer.
But the Defense of Marriage Act, passed by Congress in the 1990s, means the federal government does not recognize same-sex marriages, leading to filing confusion that the group of lawmakers wants the IRS to address.
“Now, more than ever, our tax system must be simplified for taxpayers and provide for efficient and economical administration of our tax laws,” the lawmakers, spearheaded by Rep. Jim McDermott (D-Wash.), wrote to Doug Shulman, the IRS commissioner.
“While we believe that legislative action should be taken to fully address the inequities experienced by same-sex couples, we urge the IRS to take immediate action within its authority to reduce unnecessary burdens and ensure our tax law is applied fairly and equitably to all taxpayers,” they added.
As the letter notes, Nina Olson, the nation’s taxpayer advocate, cited some of the issues same-sex couples face in her 2010 annual report to Congress. Olson, among other things, notes that same-sex spouses can face stumble over claiming credits related to having children, and in dealing with education and health tax credits.
The lawmakers’ letter notes another issue faced by couples in California, Nevada and Washington. In those states, the IRS requires that community income and deductions be split 50-50 between a couple. But inadequate IRS tracking, the letter says, leads to domestic partners being wrongly penalized.
“DOMA and various state laws regarding domestic partnerships and same-gender marriages give rise to a large number of unintended or unforeseen federal tax law ambiguities, making it possible for hundreds of thousands of taxpayers to take inconsistent positions in good faith,” Olson wrote in her report, calling on the IRS to give taxpayers more guidance in this area.
An IRS spokeswoman did not respond to a request for comment on the lawmakers’ letter. But in its response to Olson’s report, the agency said that, because of widely different and still evolving state laws, it did not believe that it would be able to compile nationwide guidelines for same-sex couples.
“In the absence of legislation resolving these issues, the IRS and the office of chief counsel intend to continue, where appropriate, to respond to taxpayer requests for advice tailored to their particular state’s law,” the agency wrote.
Oh,well,I guess it IS too early in the season still for their war on Christmas tress!
Wait until the shoe is on the other foot. Like the divorces that will split community property. Think of how easy it will be to take money away from aging gays by sweet young things. Wait until the alimony payment demands start and the child support.
It would seem to me that there must be some legal action that can be taken against ANY federal employee who actively works against the enforcement of federal law.
I wonder how that queer loving MacDermitt plans to get around this: “the Defense of Marriage Act, passed by Congress in the 1990s, means the federal government does not recognize same-sex marriages, leading to filing confusion that the group of lawmakers wants the IRS to address.”
So, since marriage is defined in statute, how can the IRS or his excellency write regulations around it...oh my bad, I forgot, this is Der Leader’s government, one vote rule.
Now, if they write some regulation concerning recognition of filings from those states that have this abomination on their books, that might be a way and in fact I endorce it and hope every one of them moves to those states to set up their gayrights edens, or hells, depending on one’s point of view.
otoh, that means the same-sex filers never pay the marriage penalty.
I often have unmarried couples with children tax returns. These issues are well covered in the instructions. Also, the gay couples mostly think there are reduced taxes if they file married. This is true only if one does not work.
“But the Defense of Marriage Act, passed by Congress in the 1990s, means the federal government does not recognize same-sex marriages, leading to filing confusion that the group of lawmakers wants the IRS to address.”
They want “the IRS to address.”
Who makes the laws?
Wondering if these “mostly Democrats” are passing their responsibilities once again to an agency they are actually responsible for so they can target blame upon them for nothing getting done. They’ve done it many times before, and gotten away with it so why not once again!?
The diverting of responsibility game Congress has played over the years has placed our system in jeopardy as it’s a free for all now. Seems everybody as well as Congress is making laws, and regulations today, and issuing fines, as well as developing their own enforcement divisions.
The are NOT being “wrongly penalized.” They are roommates as far as the federal government is concerned.
I often have unmarried couples with children tax returns. These issues are well covered in the instructions. Also, the gay couples mostly think there are reduced taxes if they file married. This is true only if one does not work.
This all is a good reason to eliminate the tax discrimination based on marital status, and just have everybody file as single, letting dependents claimed address the issue.
There is one catch for unmarried’s claiming an exemption for a nonworking partner. They may be in violation of local law.
(Not sure if this is constitutional in light of recent cases but its still in the statutes)
Section 152(f)(3) Determination of household status
An individual shall not be treated as a member of the
taxpayer’s household if at any time during the taxable year of
the taxpayer the relationship between such individual and the
taxpayer is in violation of local law.
Amd what will that do to revenues? All those rich old queens getting to file a joint return with their unemployed boy toys.
More crap to ping out placemark.
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