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Sullivan Taylor & Gumina, P.C.
1250 E. Diehl Road
Suite 400
Naperville, IL 60563
Phone: 630.665.7676
Fax: 630.665.8630
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Tax Issues for the Non-traditional Couple - New Article

I recently published an article entitled "Tax Issues for the Non-traditional Couple" along with attorney Terrence Benshoof in the May 2009 DuPage County Bar Association Brief.

This article is here. If you would like a copy emailed to you, please click the bar above and let us know, we will be happy to send one by email.

Article excerpt:

"This article attempts to summarize, for the family law and estate planning practitioner, key federal income, gift and estate tax issues faced by unmarried opposite-sex couples, as well as married same-sex couples. This article refers to these couples as "nontraditional couples" or "NTCs." The parties to an NTC are referred to as "partners" for clarity. This article should not be considered a comprehensive review on this topic, but rather a review and a handy guide for the major issues facing these couples. United States tax law began very early in the nation's history, with a patchwork quilt of taxes for various transactions. The first federal income tax was instituted in 1913 with a 1% tax on income at the lowest bracket and with the highest bracket at 7%. The Internal Revenue Code was first passed as a unified code in 1939. Federal law presently treats all unmarried people, as well as married same-sex couples, in the same manner for tax purposes.

The Defense of Marriage Act, (the "Act") was enacted on September 21, 1996.2 The Act applies to any statute or regulation promulgated by Congress or the United States government, including the Internal Revenue Code (the "Code"). The Act specifically rules out same-sex relationships as "married" for purposes of the Code, including - those sanctioned by local law. The Code, as modified by the Act, therefore permits only opposite-sex married couples (and certain common law married couples) to take joint-filing or double deduction tax positions.

Given current law, what are the key tax issues facing the NTC during a relationship, when the relationship dissolves, or at death of one of the parties?"

For more, see the article free from this website.

We are very conversant with the legal issues facing non-married and same-sex couples. Please contact us directly at 630.665.7676 to schedule a consultation regarding your DuPage County family law matter or referral.