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