sjc@lambda.UUCP (Sandy J. Cifrodelli) (02/13/85)
>From zeta!epsilon!gamma!ulysses!mhuxr!mhuxb!mhuxn!mhuxm!mhuxj!houxm!whuxlm!har >po!decvax!ittvax!wxlvax!slack Sun Feb 6 01:28:16 206 >Relay-Version: version B 2.10.1 6/24/83; site lambda.UUCP >Posting-Version: version B 2.10.2 9/17/84; site wxlvax.UUCP >Path: lambda!zeta!epsilon!gamma!ulysses!mhuxr!mhuxb!mhuxn!mhuxm!mhuxj!houxm!wh >ulm!harpo!decvax!ittvax!wxlvax!slack >From: slack@wxlvax.UUCP (Tom Slack) >Newsgroups: net.taxes,net.singles,net.flame >Subject: Re: Marriage penalty >Message-ID: <399@wxlvax.UUCP> >Date: Tue, 12-Feb-85 12:05:13 EST >Article-I.D.: wxlvax.399 >Posted: Tue Feb 12 12:05:13 1985 >Date-Received: Wed, 13-Feb-85 12:57:51 EST >References: <285@calmasd.UUCP> >Organization: ITT-ATC SRD, Shelton Ct. >Lines: 21 >> Question: What's the big difference between SOs >> living together and SOs married? >> IRS: The married ones are poorer because they get to pay more taxes. >> >This problem was noticed by a rather ingenious couple I read about some >10 years ago. They "solved" the problem by getting a divorce each year >on December 31 and then getting married again on January 1. It was >done legally with all of the formalities inherent to the state in which >they lived. >Not sufficient (says the IRS) I do not remember how the case ended, >but I do remember that the IRS charged them with tax fraud. >Also in many states the common law marriage is accepted as a marriage >after some time (it is 6 months in OK). >This means that in some states the IRS might have (but not likely) >eventually caught up with you and charged you with filing improperly >as you were in reality married even if you never filed for a certificate. >Tom Slack >"Always remember, if it is live ammunition. KEEP YOUR HEAD DOWN!" I thought that common law marriage was accepted as a legal marriage in all states. In New Jersey I think that after 7 years of living together (with someone of theopposite sex) one is considered legally married. Does any one know if this is correct? Is seven years the correct number? Please post your response to the net or send me mail. Thanks. Sandy Cifrodelli Bellcore "Yes there is still life after the split up of the Bell System"
susan@vaxwaller.UUCP (Susan Finkelman) (02/20/85)
> > >> Question: What's the big difference between SOs > >> living together and SOs married? > >> IRS: The married ones are poorer because they get to pay more taxes. > >> > > >Also in many states the common law marriage is accepted as a marriage > >after some time (it is 6 months in OK). > >This means that in some states the IRS might have (but not likely) > >eventually caught up with you and charged you with filing improperly > >as you were in reality married even if you never filed for a certificate. > Disclaimer: I am not an attorney or a tax accountant. The law in Texas was explained to me as follows: If you represent yourself as married, or you enter into a major contract with someone which would cause the 'community' to consider you married and you do not deny it (such as buying a house with your SO) you are married. A divorce must be obtained from the court to validly end such a relationship. The IRS can, and occasionally does, get people who are living together in such a relationship for filing incorrectly. The information was obtained from 2 friends (a lawyer & an accountant) and upheld by a divorce I witnessed where the parties were granted a divorce although they had merely lived together & said they were married. All of this happened around 2 1/2 years ago.