11albion
George F Wil...360x1000
13albion
3paradise
Maurice B Foley 360x1000
Storyparadox1
1empireofpain
2transadentilist
Thomas Piketty3 360x1000
1confidencegames
Anthony McCann1 360x1000
Mark V Holmes 360x1000
LillianFaderman
2theleastofus
9albion
Anthony McCann2 360x1000
Margaret Fuller3 360x1000
3confidencegames
2gucci
1jesusandjohnwayne
Gilgamesh 360x1000
Margaret Fuller 2 360x1000
Adam Gopnik 360x1000
2lafayette
10abion
4albion
Spottswood William Robinson 360x1000
5albion
2paradise
3defense
Office of Chief Counsel 360x1000
Susie King Taylor 360x1000
Margaret Fuller2 360x1000
AlexRosenberg
2lookingforthegoodwar
2falsewitness
Learned Hand 360x1000
2trap
1transcendentalist
3theleastofus
2albion
199
4confidencegames
1trap
1lauber
Lafayette and Jefferson 360x1000
1lookingforthegoodwar
Thomas Piketty2 360x1000
Stormy Daniels 360x1000
Ruth Bader Ginsburg 360x1000
storyparadox3
1gucci
Brendan Beehan 360x1000
Margaret Fuller 360x1000
6albion
499
Margaret Fuller4 360x1000
12albion
George M Cohan and Lerarned Hand 360x1000
1falsewitness
Samuel Johnson 360x1000
storyparadox2
14albion
lifeinmiddlemarch2
3albion
7albion
399
Edmund Burke 360x1000
Maria Popova 360x1000
Margaret Fuller1 360x1000
7confidencegames
1albion
Betty Friedan 360x1000
2confidencegames
Richard Posner 360x1000
11632
5confidencegames
8albion'
1lafayette
1madoff
1theleasofus
lifeinmiddlemarch1
1paradide
2jesusandjohnwayne
Susie King Taylor2 360x1000
Mary Ann Evans 360x1000
299
6confidencegames
James Gould Cozzens 360x1000
Margaret Fuller5 360x1000
2defense
Thomas Piketty1 360x1000
1defense
Tad Friend 360x1000
Originally Published on forbes.com on October 11th, 2011

______________________________________

This is an example of one of the most annoying types of original source federal tax material.  Congress makes cofusing contradictory laws.  Constituents write in to complain.  Congress passes the buck to the IRS, which is stuck with the laws Congress passed.  This letter to Senator Boxer on the application of community property laws to Registered Domestic Partners and same sex married couples is a prime example.  Here is the full text with comments in [].
INFO 2011-0066
Dear Senator Boxer:
I am responding to your inquiry of June 03, 2011, on behalf of your constituents, and . They wrote about difficulties that they experienced filing their federal income tax returns for 2010 as a same-sex married couple in California.
The IRS has taken the position that, because federal tax law respects California community property law, registered domestic partners and same-sex married couples in California must each report one-half of their community income for federal income tax purposes ( Chief Counsel Advice 201021050, issued May 5, 2010). The IRS is aware that the extension of community property laws to same-sex couples in California has caused some taxpayers to incur increased tax return preparation fees and has raised some additional legal and compliance issues. The IRS is currently reviewing these issues and considering how best to ensure that same-sex couples receive the information they need to timely and accurately complete their federal income tax returns.
Your constituents asked us to clarify whether social security benefits are community income and how registered domestic partners and same-sex married couples should treat self-employment income. Generally, state law determines whether an item of income constitutes community income. As noted above, federal tax law generally respects state property law characterizations and definitions. U.S. v. Mitchell, 403 U.S. 190 (1971). Accordingly, if social security benefits are community income under California law, then they are also community income for federal income tax purposes. If social security benefits are not community income under California law, then they are not community income for federal income tax purposes.
If trade or business income is community income, registered domestic partners or a same-sex married couple split the income for federal tax purposes, including self-employment taxes. Although the self-employment tax rules contain a provision that overrides community income treatment in the case of spouses ( section 1402(a)(5) of the Internal Revenue Code), this provision does not apply to registered domestic partners or, because of the Defense of Marriage Act, to same-sex married couples.
If you have any questions, please contact me or at .

Sincerely,
Michael J. Montemurro
Chief, Branch 4
Office of Associate Chief Counsel
“Mucking Fess” is an original Robert Flach expression.  The Wandering Tax Pro is the most colorful member of the tax blogosphere.  He works 168 hours a week from February to mid April preparing returns by hand.  He spends the rest of the year blogging and going to musicals or would were it not for the “GD extensions”.  I hope he doesn’t mind me borrowing his expression for this particular travesty created by the “idiots in Congress”.