Precautionary Tax Advice for Gay Couples


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In looking forward to the impending decision by the Supreme Court of whether or not to overturn the Defense of Marriage Act, same-sex couples are being advised to file for a protective refund claim, which applies to income taxes, estate taxes, as well as gift taxes. In the case of the absence of DOMA, same-sex couples may be able to file claims for refunds of federal tax overpayments. This protective claim carries with it a statue of up to three years, and with the uncertainty remaining of DOMA’s status in the federal government, is an advisable move if you are making long term financial plans with your partner.

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