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Utahns’ tax results could turn on court’s gay marriage decision

Couples who filed jointly might have to pay penalty if Amendment 3 is upheld in Denver.

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They share a house, a child and their finances are inextricably intertwined.

"The uncertainty of whether our marriage is going to remain recognized by the state does weigh really heavily on us," Barlow said. "It’s not only us that it affects, but also our son."

At a glance

It’s Tax Day

Income tax returns are due by 11:59 p.m. Tuesday, April 15. If needed, a deadline extension can be requested at IRS.gov" target="_blank">IRS.gov.

Extending the filing deadline does not extend the payment deadline. Penalties and interest can still be applied. Payment plans are available.

Utahns with questions about state taxes should contact the Utah State Tax Commission or visit their website at tax.utah.gov" target="_blank">tax.utah.gov.

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It’s not clear when the 10th Circuit Court of Appeals will issue its ruling, though experts have estimated the three-judge panel that heard last week’s arguments in the Kitchen v. Herbert case may rule sometime in the next two months.

Even then, it wouldn’t be the final word.

Depending on which way the high court rules, the losing side is likely to appeal its case to the U.S. Supreme Court, leaving the question of whether Utah same-sex couples’ marriages are legal open-ended.

"Let’s just say the 10th Circuit rules in the attorney general’s favor," Turpin said. "At that point, for all we know, based on the language in the [Tax Commission memorandum], the commission could come down and say, ‘We’ve decided we’re not going to recognize all those joint returns, pay us back the difference.’ We’re just staying tuned."

State and federal tax returns are due before the end of the day April 15.


Twitter: @Marissa_Jae

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