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

This was originally published on October 2nd, 2010.

Taxpayers who extended their 2006 returns have until October 15, 2010, to amend.  In a previous post, I discussed at some length the Gill decision.  Under the Defense of Marriage Act, same-sex couples are not considered to be married for purposes of federal law.  The Gill decision found that a significant portion of DOMA is unconstitutional.  Among many other things, the Court ruled that couples married under Massachusetts law should be entitled to file joint federal income tax returns.

This will generally be more beneficial to the extent that there is a difference in the couple’s income.  For example, if Robin and Terry each make $100,000, they will likely be better off single.  If Robin makes $200,000 and Terry makes nothing a joint return will produce a lower tax.  The way various exemptions, phase-outs, and limitations work, though, makes any general rule like that of limited applicability.  If, for example, Robin had disallowed investment interest and Terry had investment income, a joint return might produce savings even if their incomes were equal.  They only way to tell for sure is to run the numbers.

As I have pointed out in another post, the decision to file a joint return is not just a numbers exercise.  Joint returns create joint and several liability.  The Gill decision applies to couples who are married under state law.