Lack of Guidance Leaves Married Gay Couples in Uncertain Tax Position

Misty A. Watson

By Misty A. Watson

Almost every expert out there is weighing in on the legal implications of last month’s Supreme Court decision striking down the Defense of Marriage Act (DOMA). Unfortunately, the IRS has not issued guidance regarding how married couples treat income in states that do not recognize their marriage, whether the IRS will allow income tax returns to be amended for the previous three years, or whether the IRS will allow married couples to file as married in states that do not recognize the marriage.

While IRS guidance is likely on the way, affected couples may have to sort through a confusing minefield of regulations for some time yet.

For more information, contact a qualified tax advisor, and go to “For some gays in America, a legal victory becomes a tax headache.”

Posted by Attorney Misty A. Watson. Watson’s practice focus is estate-related: planning, administration, and probate. She creates trusts, wills, financial, and health care powers of attorney, guardianships, and conservatorships.

 


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