Community Conversation > Legal Matters

Marriages and Tax Returns

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Meshi:
Is there a lawyer here. This will  be the first income tax year that i will be filing with my spouse.  Ive been married over 15yrs, and we were always filing joint, but i have my name changed and my gender is now female, so i called the IRS and they said that they only thing they could find is that it states that a marriage is the union of a man and a woman, so the Fed gov doesnt acknowledge marriages between two of the same sex, but i was a male when we married, so couldnt we still file joint?  Im in MI and my CPA long standing just called me after hold  my tax paperwork for over a wk tell me he could not be my CPA anymore.  I will be owing big time this year and im  scrambling for a new CPA but no one will take me on.  I need to make this happen before i leave on the 31st cause i wont be back until the 12th of April so i have to get the paperwork to someone b4 i leave.  I appreciate any advice.

Hikari:
I am no lawyer, but I believe this is the exact sort of thing the DOMA (Defence of Marriage Act) was designed to prevent. Unless there is some sort of move for dismissal of a marriage, it is still valid in that state, but the federal government doesn't want to have anything to do with that unfortunately.

Even if you live in a state that allows same sex marriage, you'd still have to file separately since the federal government doesn't think the LGBT community is worthy of the same rights as other people.

Janet_Girl:
In 2008, my ex and I filed a joint return, and I had my name changed only.  I think that it depends on your state more then the Feds.

placeholdername:
You could always file as married, and then if it gets rejected or something, find some type of ACLU lawyer to take the case, get it to the supreme court, and have DOMA ruled unconstitutional.  Just saying :).

Arch:
Oh, <poo>. I'm in the same situation and never even thought about the ramifications. I have always been told that if your marriage was legal at the time, then it can't be dissolved without your consent. But now we're talking about the feds.

You might shoot off an e-mail to the Transgender Law Center and see what they say. In fact, I'm going over to their site right now to see if they have any canned advice on this.

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