1trap
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2lafayette
storyparadox3
5albion
Lafayette and Jefferson 360x1000
3defense
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Thomas Piketty2 360x1000
3theleastofus
4albion
1defense
Susie King Taylor2 360x1000
Stormy Daniels 360x1000
14albion
Margaret Fuller1 360x1000
1falsewitness
4confidencegames
7albion
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8albion'
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George F Wil...360x1000
11632
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1albion
9albion
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3albion
7confidencegames
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1empireofpain
storyparadox2
Storyparadox1
Susie King Taylor 360x1000
Maurice B Foley 360x1000
1jesusandjohnwayne
Ruth Bader Ginsburg 360x1000
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499
1confidencegames
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2lookingforthegoodwar
299
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AlexRosenberg
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11albion
13albion
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12albion
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6albion
Margaret Fuller4 360x1000
Margaret Fuller5 360x1000
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199
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1lookingforthegoodwar
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399
Learned Hand 360x1000
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10abion
2transadentilist
Office of Chief Counsel 360x1000
Betty Friedan 360x1000
2theleastofus

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.