Huffington Post, Income Tax Dilemma Faces Gay Couples Who File Jointly and Defy Federal Law:
Newlyweds Ruth Berman and Connie Kurtz are gearing up to file their first tax return as a married couple. Typically, couples grapple with the financial pros and cons of filing separately or jointly. Though either way, they tell the IRS they are married.
However, for Ruth and Connie, prominent gay activists who were married last summer in New York after the state approved gay marriage, income taxes are far more fraught. The U.S. government does not recognize their marriage. By law they must file their federal income tax returns individually. The trouble is, they believe that to do this would be a lie. …
The tension between what is legal and what is truthful when it comes to taxes and gay marriage is in the spotlight this tax season, as an increasing number of states — six plus Washington, D.C. — sanction same-sex unions.
While there are no statistics available on the number of gay married couples who do file joint federal income taxes, a website launched last April called Refuse to Lie offers advice and testimonials from couples who have decided to defy the law. …
The gay rights community is divided on the issue, however. Many say that following the law when it comes to taxes is the first priority for married couples. "If you get audited and they discover that you should have filed separately, you could owe them money plus the interest," said Bruce Bell, a spokesperson with the Gay & Lesbian Advocates & Defenders, a legal rights organization. "You're breaking the law and if you're caught, you will pay."
It's not clear that anyone actually gets caught, however. The IRS does not ask for gender on tax returns. And it's not always easy to tell if a couple is same-sex or not (Ruth and Connie? Jamie and Pat?) … [A]ccountants reached by The Huffington Post said that while it's against the law for same-sex couples to file as married for their federal tax returns, it is unlikely the IRS would investigate. …
The IRS for its part would not comment on whether it investigates tax returns based on marriage, but reiterated its support of federal laws. "The IRS follows the federal Defense of Marriage Act (DOMA) and as such, same-sex partners cannot file their federal income tax returns using the married filing jointly or the married filing separately filing status," said IRS spokeswoman Sara L. Eguren in an email.
(Hat Tip: Francine Lipman, Ann Murphy.)
