Tax Law

Married Gay Couples Should File Protective Tax Claims in Case DOMA Is Overturned, Experts Say


Married gay couples hoping to benefit from a challenge to the Defense of Marriage Act shouldn’t wait for a final decision before filing a protective refund claim with the Internal Revenue Service, tax experts say.

Gay couples who are married—and possibly those who are in domestic unions—should file the claims to protect their right to refunds of federal tax overpayments in case the U.S. Supreme Court strikes down the law, experts told the New York Times Bucks blog.

Janis Cowhey McDonagh, a partner at the Marcum accounting firm in New York, said married couples should file now because of a three-year statute of limitations on refund claims.

Last month the New York City-based 2nd U.S. Circuit Court of Appeals struck down as unconstitutional a section of the law that defines marriage as a union only between one man and one woman.

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