tag:blogger.com,1999:blog-12703782.post8328326921891467269..comments2024-03-25T13:42:25.771-05:00Comments on Advance Indianaâ„¢: IRS Ruling Will Allow Equal Tax Treatment For Same-Sex Married Couples Residing In Indiana Gary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-12703782.post-56350834913745838652013-12-11T15:52:54.821-05:002013-12-11T15:52:54.821-05:00Anonymous - why are you dancing around the issue? ...Anonymous - why are you dancing around the issue? Whether a rule or a law, the Feds recognize SS marriage, and the State of Indiana does not. When the civil rights lawsuits start coming in against Indiana by not treating "legally" married couples the same, the Indiana ban on SS marriage will fall. Interracial marriage has paved the way.grass greenerhttps://www.blogger.com/profile/07858212800087990609noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-18233619179202923512013-08-30T08:19:37.325-05:002013-08-30T08:19:37.325-05:00Gary, agencies make rules. Rules bind regulated en...Gary, agencies make rules. Rules bind regulated entities. Natural persons are not regulated; they're governed.<br /><br />Ergo, agency rules are not laws.<br /><br />In America, the Legislative Branch enacts laws. USC, Art. 1, Sec. 1.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-35060670021612623522013-08-29T19:48:14.351-05:002013-08-29T19:48:14.351-05:00An agency rule carries the force of law until the ...An agency rule carries the force of law until the legislature or the courts say otherwise. The IRS was given two choices in the aftermath of U.S. v. Windsor. It could create one set of federal tax laws for same-sex couples living in states that recognize same-sex marriages and a different set of tax laws for same-sex couples living in states that don't recognize their marriage, or one set of rules for all couples who are legally married. The IRS chose the latter, a reading that comports with the equal protection clause. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-697478475091454652013-08-29T19:11:24.445-05:002013-08-29T19:11:24.445-05:00You're ignoring the basic legal fact that an I...You're ignoring the basic legal fact that an IRS rule is not law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-10088342803521470872013-08-29T16:35:16.771-05:002013-08-29T16:35:16.771-05:00It's an interpretation of a Supreme Court ruli...It's an interpretation of a Supreme Court ruling. I'm sure there will be legal challenges, but I don't see a majority on the court that would see this issue any differently. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-18739514075129720612013-08-29T16:05:10.864-05:002013-08-29T16:05:10.864-05:00The IRS is just an administrative agency; it's...The IRS is just an administrative agency; it's not a court. As an administrative agency, it merely reflects the opinions of the executive controlling it. It's "opinions" are self-serving and not any authority in court.<br /><br />Further, the opinions of an agency are not superior to state law.<br /><br />When agencies set law, it's government by one branch, and we're officially a dictatorship.Anonymousnoreply@blogger.com