deathbed marriage

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Subject Author Date deathbed marriage Wallace 06-28-2009  Re: deathbed marriage Dick Adams 06-28-2009  Re: deathbed marriage Mark Bole 06-30-2009  Re: deathbed marriage AES 06-30-2009  Re: deathbed marriage Arthur Kamlet 06-30-2009  Re: deathbed marriage Mark Bole 06-30-2009  Re: deathbed marriage D. Stussy 06-30-2009  Re: deathbed marriage Katie 06-30-2009  Re: deathbed marriage D. Stussy 07-01-2009  Re: deathbed marriage Katie 07-01-2009  Re: deathbed marriage Seth 07-02-2009
Posted by Wallace on June 28, 2009, 9:56 pm Please log in for more thread options I read that Farrah Fawcett, knowing she was on her deathbed, agreed to marry Ryan O'Neil. I think they were married in the past. What are the estate and other tax implications of such a deathbed marriage (not sure if it actually took place, but assume it did). And what if it took place not quite at the last minute. -- << ------------------------------------------------------- >> << 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 June 28, 2009, 10:10 pm Please log in for more thread options > I read that Farrah Fawcett, knowing she was on her deathbed, > agreed to marry Ryan O'Neil. I think they were married in > the past. > > What are the estate and other tax implications of such a > deathbed marriage (not sure if it actually took place, but > assume it did). And what if it took place not quite at the > last minute. As almost always, the answer is "It depends". As we all should know marriage requires consumation. So it depends on whether or not the IRS has an incentive to raise the issue. In my non-legal education opinion, the issue of consumation is a personal issue that can only be raised by a party to the marriage and not by a third party. But I could be wrong. 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 Mark Bole on June 30, 2009, 2:13 pm Please log in for more thread options Dick Adams wrote: > [...] the ability to consummate [is a] general > requirement for entering into a marriage. How exactly is that enforced? I don't want to hijack this into a legal thread, but are you saying a quadriplegic cannot get legally married? Would it ever even come up outside of one spouse fighting for an annulment? Specifically, how could a third party (children or IRS) possibly challenge "the ability to consummate", if the only likely witness is the surviving spouse? > Without knowing any of the facts and circumstances, other > than this is purported to be a "Death Bed Marriage", there > would appear to be two groups who could have a vested interest > in challenging the marriage. The first would be Farrah Fawcett's > children (if she has any) and the IRS. The IRS might have > standing on the basis that this was a tax motivated marriage. Wouldn't this (death bed marriage) be simply avoiding, not evading, taxation? (If indeed there even *are* any tax benefits in this case). -Mark Bole -- << ------------------------------------------------------- >> << 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 AES on June 30, 2009, 6:19 pm Please log in for more thread options > Dick Adams wrote: > > > [...] the ability to consummate [is a] general > > requirement for entering into a marriage. > > How exactly is that enforced? I don't want to hijack this into a legal > thread, but are you saying a quadriplegic cannot get legally married? Had that question myself. And when one pulls out a dictionary and starts digging into the definition of consummate, things get -- umm -- interesting. And even more so if you start thinking about gay marriages. And branching back toward tax issues, could someone remind those of us who never thought to ask: Does the IRS recognize gay marriages as marriages for tax purposes? Do state tax offices do so? Does state A (gay marriage illegal) recognize gay marriages from state B (where it's legal) (or maybe once was legal)? -- << ------------------------------------------------------- >> << 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 Arthur Kamlet on June 30, 2009, 6:27 pm Please log in for more thread options > >> Dick Adams wrote: >> >> > [...] the ability to consummate [is a] general >> > requirement for entering into a marriage. >> >> How exactly is that enforced? I don't want to hijack this into a legal >> thread, but are you saying a quadriplegic cannot get legally married? > >Had that question myself. > >And when one pulls out a dictionary and starts digging into the >definition of consummate, things get -- umm -- interesting. > >And even more so if you start thinking about gay marriages. > >And branching back toward tax issues, could someone remind those of us >who never thought to ask: Does the IRS recognize gay marriages as >marriages for tax purposes? No. The IRS follows the federal "Defense of Marriage Act" which prohibits any federal agency from rcognizing gay marriages. > Do state tax offices do so? Does state A >(gay marriage illegal) recognize gay marriages from state B (where it's >legal) (or maybe once was legal)? Depends on the state. -- ArtKamlet at a o l dot c o m Columbus OH K2PZH -- << ------------------------------------------------------- >> << 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. >> << ------------------------------------------------------- >> Similar Threads Posted Re: Marriage License March 12, 2007, 4:54 am house jointly owned after marriage April 29, 2009, 6:58 pm Social Security Survivors Benefits - Minimum Length of Marriage to Qualify? January 3, 2007, 10:49 pm