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HOUSE_OVERSIGHT_029305

2013-Supreme Court DOMA Ruling June-27-2013 locked

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CCH Tax Briefing
SUPREME COURT STRIKES DOWN DOMA
June 27, 2013
Highlights
Supreme Court Rules
Against DOMA 5 To 4
Joint Returns For Same-Sex
Married Couples
Tax Refunds Possible
“Marriage Penalty” Shared
By Same-Sex Couples
Estate Planning Strategies
Change
Employers Expected To
Revise Benefit Plans
No Nationwide Same-Sex
Marriage Mandate
Inside
Issues At Stake.......................................................2
Supreme Court’s Holdings..................................2
Federal Tax Consequences..................................2
Income Tax Benefits And Disadvantages..........3
Filing Status...........................................................3
Filing Status, AGI Floors And
Threshold Amounts..............................................4
Other Same-Sex Couple Income Tax Issues.......5
Estate And Gift Taxation......................................6
Employee Benefits................................................ 7
Affordable Care Act................................................8
Social Security Benefits.........................................9
Effective-Date Issues.............................................9
Special Report
Post-DOMA Tax Implications Loom Large
In a 5 to 4 decision, the United States
Supreme Court has found that Section
3 of the federal Defense of Marriage
Act (DOMA) violates the equal protection
clause of the Fifth Amendment of the U.S.
Constitution as applied to persons of the
same sex who are legally married under the
laws of their state (Windsor, S.Ct., June 26,
2013, 2013-2 ustc ¶50,400). The majority,
written by Justice Anthony Kennedy,
held that DOMA is unconstitutional as
a deprivation of the liberty of the person
protected by the Fifth Amendment of the
Constitution.
The decision opens the door for same-sex
married couples to enjoy many federal taxrelated
benefits previously available only to
opposite-sex married couples. These include
income tax benefits, estate and gift tax benefits,
taxpayer-friendly employee benefits,
and

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