Senator Ben Cardin, D-Md., a member of the Senate Finance Committee, has written to Treasury Secretary Jack Lew and Acting IRS Commissioner Daniel Werfel, urging them to quickly resolve and clarify the tax implications for legally married same-sex couples and those in civil unions.
The letter addresses the Supreme Court decision in U.S. v. Windsor, which found section 3 of the Defense of Marriage Act to be unconstitutional. Since the landmark June 26 decision, same-sex couples holding a valid U.S. state or foreign country-issued marriage license are now recognized as married under federal law, and considered a spouse as referenced in the Tax Code. In the letter, Cardin asks the IRS to promptly confirm this filing status by issuing guidance to eventually become a separate IRS publication.
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