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Tuesday, January 18, 2005
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Homosexual Attempting to File Taxes as "Married" Loses in Federal Court


J. Michael McConnell originally filed his 2000 taxes with a "single" filing status. The IRS denied his December 2003 attempt to amend that return to reflect a filing status of "married filing jointly." The IRS's position was that same-sex "marriages" are not recognized for federal tax purposes, but this was not the reason the federal judge through out McConnell's tax refund suit. It turns out that McConnell and his homosexual partner Richard John Baker previously unsuccessfully litigated both a request to obtain a marriage license from Minnesota and an attempt to receive marriage-based federal benefits. Thus, McConnell's tax refund claim was collaterally estopped by these previous judgments.