- 4 - Phamis, Inc., and Northwest Community Hospital. Mr. Bates was unemployed in 1996. The 1996 return does not reflect any income earned by Mr. Bates. OPINION Petitioner is no stranger to this Court. Petitioner received an adverse ruling on the very issue before us for his earlier taxable years 1986 through 1995 in Mueller v. Commissioner, T.C. Memo. 2000-132 (Mueller I), affd. without published opinion 87 AFTR 2d 2001-2052, 2001-1 USTC par. 50,391, (7th Cir. 2001). The basic difference between Mueller I and this case is that the Defense of Marriage Act (DOMA), Pub. L. 104-199, 110 Stat. 2419 (1996), was in effect during 1996, the year in issue and was not in effect for the earlier years in Mueller I. DOMA sec. 2, 110 Stat. 2419, provides that no State, territory, U.S. possession or Indian tribe is required to give effect to any public act, record, or judicial proceeding of another such organization with respect to a relationship between persons of the same sex that is treated as a marriage under the laws of such other organizations or a right or claim arising from such relationship. DOMA sec. 3, 110 Stat. 2419, provides that in determining the meaning of any Act of Congress, any ruling, regulation, or interpretation of the U.S. administrative bureaus and agencies, the word “marriage” means only a legal unionPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011