what's in a name?

[thegecko]

For anyone who says that the legal title of marriage, domestic partnership, commitment doesn't really matter, I have almost 2000 reasons why it matters.

Filing income tax while married in MA means that we have to:
1. Fill out a fakey federal "married filing jointly" return.
2. That data then goes to a real "married filing jointly" state return.
3.

Comments

[lena_a_mermaid]

I've heard of married Mass couples filing jointly for Federal anyway and they aren't noticed. They don't ask your sex on the form.

[thegecko]

hmmmm. interesting thought...

[lena_a_mermaid]

But don't hold me responsible for your incarceration if they do notice!!!

[pjcolvario]

It is most certainly discrimination, but you can also be disbarred for filing a fraudulent return. I would be interesting though, because your not defrauding them, you are married! I'd take your case!

[thegecko]

they are defrauding us!!! anyway, this hasn't already been litigated? i'd be surprised if people haven't tried this and gotten caught and then tried to fight it.

It may or may not have been.

[pjcolvario]

Basically it amounts to impact litigation, and gay marriage had not yet taken effect when I took tax law. I need to look at the federal discrimination statutes, but DOMA gets in the way of everything. Tax law is essentially social policy, and it makes sense to fight it if you can. Also, I would think that Massachusetts would not disbar an attorney for it - especially if the purpose was to show the discriminatory nature of the potential tax benefit. I do strongly believe and the Constitution backs me up on this that Marriage is a Constitutional Right. It is almost a sure bet that people are filing as married already, and most of them probably have not been caught if any. I might look to some IRS decisions today and see what I can find, for my own curiosity.

that sucks

[dinah_luvyah]

1099's suck. I owe $800 because of a 1099 for one of the places I teach aerobics.
Bastards.