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