Central District Consumer Bankruptcy Attorney's Association

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Only amount of contribution.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Donny Brand
Sent: Thursday, August 12, 2010 4:12 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Same Sex Marriage and Form 22
Clarification:
Upon rereading my question, I should pose it as follows:
On Form 22, do I treat each filing spouse as though the other non-filingspouse was merely contributing to household expenses in which case I
dont necessarily need to include all of non-filing spouses income as CMI
,
and then take marital deductions if applicable?
I know it may seem like six in one hand and half a dozen in the other but
there are subtle differences that could mean passing or failing in a close
call.
Donny Brand
Brand | Burris
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandburris.com
This message originates from the law firm of Brand & Burris PC and may
contain legally privileged and confidential information intended solely for
the use of the addressee. If you are not the intended recipient and have
received this message in error, please notify us at
info@brandburris.com and delete this email
from your system. Any unauthorized reading, distribution, copying, or other
use of this email or its attachments is strictly prohibited.

The post was migrated from Yahoo.

Clarification:
Upon rereading my question, I should pose it as follows:
On Form 22, do I treat each filing spouse as though the other "non-filing"
spouse was merely contributing to household expenses - in which case - I
don't necessarily need to include all of "non-filing" spouse's income as CMI
- or - must I treat them like spouses, include all of their income as CMI,
and then take marital deductions if applicable?
I know it may seem like six in one hand and half a dozen in the other - but
there are subtle differences that could mean passing or failing in a close
call.
Donny Brand
Brand | Burris
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandburris.com
This message originates from the law firm of Brand & Burris PC and may
contain legally privileged and confidential information intended solely for
the use of the addressee. If you are not the intended recipient and have
received this message in error, please notify us at
info@brandburris.com and delete this email
from your system. Any unauthorized reading, distribution, copying, or other
use of this email or its attachments is strictly prohibited.

The post was migrated from Yahoo.

charset="windows-1251"
Ain't DOMA grand?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Donny
Sent: Thursday, August 12, 2010 4:00 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Same Sex Marriage and Form 22
OK,
So I understand those same-sex couples who are legally married under
California law must file separate petitions because of DOMA. I also
understand that both spouses income must be listed on Schedule I to the
extent that they share the same household.
But what about Form 22? Must I include the "non-filing" spouse's income in
Form 22 even though federal law does not recognize the couple as married?
Does the analysis change of the "non-filing" spouse him/herself are filing a
separate petition?
I have a couple who is failing the means test substantially if I must
include both incomes on each of their Form 22s...but they will pass if I
only need to include THEIR income on each of their respective Form 22s.
Thanks,
Donny Brand
Brand | Burris
3836 E Anaheim St
Long Beach, CA 908084
562-438-7500 (tel)
562-438-8500 (fax)
charset="windows-1251"
Message
Ain't DOMA
grand?


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

charset="windows-1251"
Yes, to the extent that the partner contributes to household expenses
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Donny
Sent: Thursday, August 12, 2010 4:00 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Same Sex Marriage and Form 22
OK,
So I understand those same-sex couples who are legally married under
California law must file separate petitions because of DOMA. I also
understand that both spouses income must be listed on Schedule I to the
extent that they share the same household.
But what about Form 22? Must I include the "non-filing" spouse's income in
Form 22 even though federal law does not recognize the couple as married?
Does the analysis change of the "non-filing" spouse him/herself are filing a
separate petition?
I have a couple who is failing the means test substantially if I must
include both incomes on each of their Form 22s...but they will pass if I
only need to include THEIR income on each of their respective Form 22s.
Thanks,
Donny Brand
Brand | Burris
3836 E Anaheim St
Long Beach, CA 908084
562-438-7500 (tel)
562-438-8500 (fax)
charset="windows-1251"
Message
Yes, to the extent that the
partner contributes to household expenses


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

OK,
So I understand those same-sex couples who are legally married under California law must file separate petitions because of DOMA. I also understand that both spouses income must be listed on Schedule I to the extent that they share the same household.
But what about Form 22? Must I include the "non-filing" spouse's income in Form 22 even though federal law does not recognize the couple as married? Does the analysis change of the "non-filing" spouse him/herself are filing a separate petition?
I have a couple who is failing the means test substantially if I must include both incomes on each of their Form 22s...but they will pass if I only need to include THEIR income on each of their respective Form 22s.
Thanks,
Donny Brand
Brand | Burris
3836 E Anaheim St
Long Beach, CA 908084
562-438-7500 (tel)
562-438-8500 (fax)

The post was migrated from Yahoo.