Community Conversation > Legal Matters

Marriages and Tax Returns

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--- Quote from: Ketsy on March 22, 2010, 11:46:44 pm ---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 :).

--- End quote ---

Even though DOMA says two people of the same gender cannot file, and technically it would be illegal, I actually highly doubt that they would actually reject the filing. Something tells me that they would want to avoid lawsuits, that is if they even bother to check the genders on the tax forms anyway.

There are several suits against DOMA right now, and I hope one of them succeeds. I mean you'd think that since we have a democratic majority and Obama did pledge in his campaign that he would attempt to overturn DOMA that it would have been done already. I can't see how the federal government can tell the states that they don't have to acknowledge laws from other states without amending the constitution but, that is exactly what DOMA does.

@arch DOMA doesn't give them the power to dissolve your marriage, just in the eyes of the federal government if you are technically the same sex as your spouse then you don't have a marriage to being with. The feds cannot dissolve what they say doesn't exist.

The state you live in, generally would never make a motion to dissolve a marriage unless it was requested by someone, usually you or your spouse but, in some states the attorney general or other state agencies have the power to call a marriage into question (usually this is a leftover mechanism from states which had illegal interracial marriage)

Only an idiot, or someone with very good legal representation goes up against the IRS.  They don't fool around.  The government needs the money.  And, they don't fool around.  They have the power to freeze all your accounts, seize your paycheck, and take any other real property you might own.  When you go to do this, make sure the legal beagles are all on same leash.

So, to be sure, take any money you might owe, and put it into a separate account, so in case they don't like it, or flag it, you can pay them right away.

^lol, I think you are perhaps bein a bit paranoid, as i havent filed even yet.  I will be owning this yr big time, but since my jerk of a CPA decided I wasnt worthy anymore because of my sex change, he left me scrambling for a new one and i leave on bus very soon, so i have to get this taken care of by the end on the wk.  As far as State is concerned (I talked to a treasury person today) they told me they go by whatever the Feds say.  It is the Fed Gov that determines.  No one so far has a clear answer.  I have legal name change as well as birth cert.  Everything on my person is Michelle and gender marker is on both drivers license and birth cert as female now.  Maybe "one" that is married and not getting separated or divorced should note not to get the birth cert changed, because i would tend to think that this would be perhaps the only disqualifying issue.  I have since found a CPA, and he is going to file us jointly and i have to separate the insurance i paid out last yr and my medical expenses separately.   He said if i had SRS last yr that he will claim  it as a deduction and to list all the cosmetics and medical expenses and prescriptions separately. 

I'm glad you've got everything resolved for now. What a jerk your CPA is/was. :shakes head: I hope you have fun on your trip! Please keep us posted on what happens after you file and everything.

For the record, I'm a huge (HUGE) believer in getting a CPA who is also a lawyer, as a CPA can only provide expert testimony in court, where a lawyer can defend you (and their) actions.

And, you can take all the stuff you want, it just depends on it getting flagged.  I took concert tickets for years (it's my job) and got called on it one year (guess the IRS didn't see where hundreds of dollars of Dead tickets were a tax deduction) but I did win that one.  Ran into the same problem writing off a big screen LCD TV and sound system a few years ago, but all I had to do was show the credits of a couple of DVDs where I was mentioned and that flew.  But still, they are not a fun bunch to deal with.


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