lifeinmiddlemarch2
2lafayette
4albion
Learned Hand 360x1000
7albion
2defense
2trap
1falsewitness
3theleastofus
Anthony McCann2 360x1000
1transcendentalist
11albion
6albion
499
1lafayette
storyparadox2
Margaret Fuller4 360x1000
1trap
Spottswood William Robinson 360x1000
14albion
Ruth Bader Ginsburg 360x1000
Gilgamesh 360x1000
Margaret Fuller 360x1000
1jesusandjohnwayne
1albion
1gucci
2confidencegames
Storyparadox1
3albion
Mark V Holmes 360x1000
Maria Popova 360x1000
George M Cohan and Lerarned Hand 360x1000
lifeinmiddlemarch1
2albion
1lookingforthegoodwar
1theleasofus
1empireofpain
1defense
299
1paradide
Richard Posner 360x1000
Office of Chief Counsel 360x1000
Stormy Daniels 360x1000
Margaret Fuller1 360x1000
Margaret Fuller3 360x1000
2falsewitness
5albion
5confidencegames
AlexRosenberg
399
1confidencegames
storyparadox3
Thomas Piketty3 360x1000
3confidencegames
James Gould Cozzens 360x1000
Mary Ann Evans 360x1000
10abion
1lauber
Adam Gopnik 360x1000
2gucci
4confidencegames
2transadentilist
Margaret Fuller2 360x1000
1madoff
12albion
LillianFaderman
George F Wil...360x1000
Thomas Piketty2 360x1000
2lookingforthegoodwar
Anthony McCann1 360x1000
Edmund Burke 360x1000
3defense
Margaret Fuller 2 360x1000
199
9albion
Margaret Fuller5 360x1000
Thomas Piketty1 360x1000
Tad Friend 360x1000
13albion
Susie King Taylor2 360x1000
6confidencegames
Brendan Beehan 360x1000
Betty Friedan 360x1000
2paradise
11632
3paradise
2jesusandjohnwayne
7confidencegames
2theleastofus
8albion'
Susie King Taylor 360x1000
Maurice B Foley 360x1000
Lafayette and Jefferson 360x1000
Samuel Johnson 360x1000
 

Originally published on Forbes.com Aug 29th, 2013
The IRS has announced how it will be handling same-sex marriages in light of the Supreme Court’s ruling in the Edith Windsor case.  In the Windsor decision, the Court ruled that Section 3 of the Defense of Marriage Act, which denied federal recognition to same sex marriages was unconstitutional.  There were hanging questions about how far-reaching the decision was and the Service has now outlined its position on the more pressing concerns.
A Marriage Is A Marriage Is A Marriage
If a couple is married in a jurisdiction (including a foreign country) that recognizes same-sex marriage, that marriage will be recognized for all federal tax purposes regardless of the law in the jurisdiction where they reside.  This was probably the most troubling question and LGBT advocates will probably like this answer.
A Not Marriage Is A Not Marriage Is A Not Marriage
There was some speculation that civil unions and registered domestic partnerships might be recognized as marriages for federal tax purposes.  The IRS did not go that far.  If the state where it is performed does not recognize the arrangement as a marriage, it is not a marriage for federal purposes.
Be Careful What You Wish For
There are a variety of circumstances where a couple will end up with a better tax result if they are not married than if they are.  Beginning with 2013 returns, same sex married couples will not have the option of filing as single, even if that would give them a better result.  Apparently, it is still an option for extended 2012 returns.
Get Those Refund Claims Going
The news release mentioned refund possibilities:

Generally, the statute of limitations for filing a refund claim is three years from the date the return was filed or two years from the date the tax was paid, whichever is later. As a result, refund claims can still be filed for tax years 2010, 2011, and 2012. Some taxpayers may have special circumstances (such as signing an agreement with the IRS to keep the statute of limitations open) that permit them to file refund claims for tax years 2009 and earlier.
Additionally, employees who purchased same-sex spouse health insurance coverage from their employers on an after-tax basis may treat the amounts paid for that coverage as pre-tax and excludable from income.

With respect to extended 2009 returns, remember that even though your extended due date was October 15, 2010, the statute started running when you filed.
Employers who paid social security taxes on health care benefits provided to same sex spouses of employees may also be eligible for refunds.
A Cheer And A Half For The IRS
Ignoring whether the marriage is legal in the state of residence is a big relief.  It would have been crazy making the other way.  It is too bad that civil unions will not be recognized, though.
You can follow me on twitter @peterreillycpa.