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Subject Author Date
claiming MFJ status while unmarried, again John D. Goulden 09-22-2008
Posted by John D. Goulden on September 22, 2008, 12:53 am
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I didn't phrase my question well before, so I'll try again. If a cohabiting,
unmarried couple in a common-law-marriage state files MFJ, does that create
a common-law marriage if none existed before?

Thanks again

--
John D. Goulden

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Posted by D. Stussy on September 22, 2008, 2:58 am
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> I didn't phrase my question well before, so I'll try again. If a
cohabiting,
> unmarried couple in a common-law-marriage state files MFJ, does that
create
> a common-law marriage if none existed before?

I don't think your rephrase of the question changes the issue or the
answers.

Simple answer: If they hold themselves out as married, they are married. I
consider signing any document as if married as holding out as married, but I
don't practice in a CLM state.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on September 22, 2008, 7:30 am
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"John D. Goulden" wrote:

>I didn't phrase my question well before, so I'll try again. If a
>cohabiting, unmarried couple in a common-law-marriage state files MFJ, does
>that create a common-law marriage if none existed before?

That does help. Unfortunately, the answer lies in state marriage law, not
tax law.

In order to legally file a joint return they must have been married as of
the prior December 31. Thus it's impossible for a legally-filed tax return
to "create" a common law marriage.

Your state law question, if you want to stick with your premise that a prior
common law marriage didn't exist, is "Does a fraudulent joint Federal tax
return create a common law marriage?"

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Dick Adams on September 22, 2008, 9:43 pm
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> "John D. Goulden" wrote:

>> I didn't phrase my question well before, so I'll try again.
>> If a cohabiting, unmarried couple in a common-law-marriage
>> state files MFJ, does that create a common-law marriage if
>> none existed before?

> That does help. Unfortunately, the answer lies in state
> marriage law, not tax law.
>
> In order to legally file a joint return they must have been
> married as of the prior December 31. Thus it's impossible for
> a legally-filed tax return to "create" a common law marriage.

To rephrase Phil's answer: It's impossible for a legally-filed
tax return to "back-date" a common law marriage into the prior
year. You either had a CLM in 2007 or you didn't. You can't
create a 2007 CLM in 2008.

Dick

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on September 23, 2008, 1:22 am
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> > "John D. Goulden" wrote:
> >> I didn't phrase my question well before, so I'll try again.
> >> If a cohabiting, unmarried couple in a common-law-marriage
> >> state files MFJ, does that create a common-law marriage if
> >> none existed before?
>
> > That does help. Unfortunately, the answer lies in state
> > marriage law, not tax law.
> >
> > In order to legally file a joint return they must have been
> > married as of the prior December 31. Thus it's impossible for
> > a legally-filed tax return to "create" a common law marriage.
>
> To rephrase Phil's answer: It's impossible for a legally-filed
> tax return to "back-date" a common law marriage into the prior
> year. You either had a CLM in 2007 or you didn't. You can't
> create a 2007 CLM in 2008.

No, but signing a 2007 return as MFJ could create the CLM in 2008. ;-)

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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