r/law•11 yr. agoIsocratesTriangleGay couples could file a claim with the IRS for DOMA-related tax refund claims after the Windsor casenolo.com/legal-encyclopedia/gay-couples-filin...nolo.comPosted Jul 28, 2015, 2:21 AM UTC34ShareSave
Note: There is a 3-year statute of limitations on filing an amended tax return to get a refund.
To further expand on this, the clock is from the due date of the return (April 15). So you can only, at this point, go back to the 2012 Tax Year and amend for refunds. That should still be three full tax years though.
Massachusetts legalized same-sex marriage in 2004.
Is there a way to petition the government to extend the statute of limitations for filing amended tax returns?
The only way to extend the SoL that I am aware of is to have an agreement in place to waive the SoL. This usually happens in large audit cases.
In most cases, and I would wager 95% of all SSM cases, the 3 year window is going to be a hard and fast rule.