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Old 05-15-2008, 06:28 PM
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mulp mulp is offline
Machiavelli Incarnate
 
Join Date: Jul 2007
Location: Merrimack, NH
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Quote:
Originally Posted by Teak View Post
Lets have an example there Mulp. Something that will prevent gays from facing the same community property laws as other Californians.
Filing Federal income and inheritance tax. They are prohibited from using the joint filing, which eliminates in the case of a partner who is truely dependent, say a blind partner with lots of medical bills and no income, being counted toward the deductions for the one with assets and income.

And if one spouse in a gay marriage dies, the spouse is not allowed to inherit tax deferred as a is true for mixed marriages. The Federal government would not recoginize the community property of California as community property, so if a couple split and the property was divided according to California law, the Federal government would rule that the effective transfer would be a gift, and subject to tax. Alimony would be consider a gift which would not only be subject to income tax but also subject to gift tax.
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