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Clock is Ticking On Amending Returns of Same Sex Couples

Clock is Ticking On Amending Returns of Same Sex Couples

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.

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You Don’t Need a Matchmaker at the Family Reunion

You Don’t Need a Matchmaker at the Family Reunion

Seems like since they already were acquainted with one another, they did not really need a qualified intermediary.  Just as well they used one, though, since it got them out of that nasty related party resale rule.  Well, that’s what they thought.  It’s not what the IRS thought, though.  And the Tax Court and the Eleventh Circuit agreed with the IRS.  Treaty Fields, surprise, surprise, had higher basis in the Barnes and Nobles than Ocmulgee had in the Weslyan property.  But that’s not all.  Ocmulgee was a C corp and Treaty Fields was a partnership.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.