New York Tax Pro Urges IRS to Clarify Tax Treatment of Same-Sex Marriage

A tax professional in New York is drafting a letter to the IRS an open letter to Congress and the IRS, telling the IRS them to clarify the federal tax treatment of same-sex married couples.  You can read more at

As my own commentary: I’m not sure how successful this letter or other efforts to protest to the IRS, such as filing joint returns in protest, will be.  The key issue here is the Defense of Marriage Act, and only Congress can overturn DOMA, not the IRS.  I want to say thank you to the author of the letter, Bill Stevenson, for pointing out that his letter is addressed to both the IRS and to Congress, not just the IRS.  Any successful campaign about same-sex tax issues needs to include Congress, since only Congress can overturn DOMA.

(Original article published 7/6/11.  Edited on 7/21/2011.)