I'm not certain but I believe what follows is the current IRS filing status...http://www.irs.gov/uac/Answers-to-Frequently-Asked-Questions-for-Same-Sex-Couples
"NOTE: The questions and answers below do not reflect the Supreme Court's June 26 decision relating to DOMA. We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act. We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.
Q. Can same-sex partners who are legally married for state law purposes file federal tax returns using a married filing jointly or married filing separately status?
A. No. Same-sex partners may not file using a married filing separately or jointly filing status because federal law does not treat same-sex partners as married for federal tax purposes."
Let's assume for a moment what looks to reasonably follow from DOMA's demise, that the IRS instead allows same sex married couples to file joint returns as long as they've been legally married.
eb925guy said that
meninlove said ">Social Security Administration typically looks to the states to determine whether a person is married, which could create problems for couples that move to a state where it is not."
Well that does make sense. I hadn't thought of that. They really have nothing else but the state's records to determine this.
I agree, they'll figure it out eventually.
...would not only not make sense but rather would compound what's wrong because you'd have it one way on the way up from state to fed (the fed's recognizing for tax purposes a marriage regardless of recognition by the state of domicile) but another way on the way down from fed to state (a federal program, Social Security, not recognized because the marriage is not recognized in the state of domicile).
It would be like driving back and forth on the very same road from point A to point B only when you drove back from point B to point A, while staying on the very same road, you'd wind up instead at point C because point A no longer exists. It's bullshit.
Further, don't states which tax income and inheritance get their information on marriage status from federal filings of taxes? I might not be familiar, living in Florida without state income taxes, but do those who do file separately to states or do the states get that from the feds?
So then you have in one instance the feds taking direction of the legitimacy of a marriage from the states (ie social security) but the states not accepting the legitimacy of a marriage from the feds (ie income & inheritance taxes)?
To compensate for some of the extra discrimination, will the American public be paying our additional accounting fees?