When the Supreme Court handed down its opinion last week on Windsor (the DOMA case), it surprised more than a few folks. Count those as surprised: the Internal Revenue Service which must now come to terms with how to treat what is sure to be an onslaught of amended returns and even more confusion. Some tax and legal professionals are advising taxpayers to rush right out and amend their returns immediately but I had suggested that it made more sense to wait and see how the IRS intended to handle those returns, and related issues, moving forward.
The IRS has now released a statement on the recent Supreme Court decision. It’s short. Here it is – in its entirety:
We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act. We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.
I’ll update you as more information becomes available.