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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.

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DuPage County Divorce Attorney Raiford Palmer Appointed to DuPage County Bar Committee

Raif Palmer was recently appointed to the DuPage County Bar Association's Membership Committee for the 2009-2010 year. He will then be the Chairman of the Committee for 2010-2011. Raif truly enjoys working on the Planning Committee, the ad-hoc website committee, and is looking forward to working in this new position to help add to the membership of the DCBA.

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DuPage County Divorce Lawyer Raiford D. Palmer Reappointed to Illinois Bar Family Law Section Council

We are pleased to announce that President-Elect John G. O'Brien of the Illinois State Bar Association reappointed DuPage County divorce attorney Raiford Palmer to the ISBA Family Law Section Council for the 2009-2010 year. The Section Council, comprised of approximately 55 family law lawyers and judges from across the State of Illinois, has an important role in shaping Illinois divorce and family law legislation and in educating Illinois lawyers and judges about family law issues via the Section Council Newsletter and Continuing Legal Education programs. The Council meets monthly to discuss key issues of importance to divorce and family law attorneys and judges. Raif is delighted to serve the ISBA again this coming year, now his third appointment to the Council.

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