Ti v.¢ Expert Analysis m Joint returns may be filed, usually as an =m Taxpayers who had a lower combined 2013 Tax Year. For 2013 returns that will be amended return with a refund claim, overall tax liability filing as unmarried sin- filed in 2014, the Supreme Court’s Windsor until the three-year limitations period gle individuals during an open year appear _ decision presumably relates back to the entire (or the two-year payment period, if to be under no obligation now to filean —- 2013 tax year in determining filing status. later) expires. For individuals who filed amended return to file jointly (or as mar- 2009 tax returns on or before April ried filing separately if at least one partner COMMENT. Married partners do not have 15, 2010, the limitations period for does not consent to a joint return). the option to file short-year returns as un- that year is closed. For those who filed married for the January I — June 26, 2013 their 2009 returns on an automatic six- period; they must file jointly or married fil- month extension on October 15, 2010, IRS Audit Policy. Technically, the IRS, on ing separately for the entire 2013 tax year however, the limitations period for the audit of an open year for which any previ- 2009 tax year remains open until Oc- _ ously-filed return by a married, same-sex 2012 Tax Year. Taxpayers who are on exten- tober 15, 2013. To claim joint return partner used unmarried, single-filer status, sion until October 15, 2013 for filing their status on an amended 2009 tax return _— may be able to require that tax be recom- —- 2012 tax year returns appear to be required under the three-year rule, both married —_ puted based on either a joint return, or mar- __ to file those returns either jointly or married partners’ original tax returns must have _ ried filing separately status return. However, _ filing separately. Taxpayers who filed their o been filed within that extended period. since audits are under IRS’s discretionary 2012 tax year returns be