State-recognized common-law marriage counts for federal tax purposes

Number
201734007
Outcome
Advice
Document type
Technical Advice Memorandum
IRS subject
Definitions
Code sections
§ 6110, § 7701
Ruling dated
May 1, 2017
Publicly released
August 25, 2017

Apply this to your situation

This page covers IRS technical advice on one taxpayer's case, issued in 2017, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2017
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It answered an IRS office's question about one taxpayer's case on its specific facts, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

A state board of finance and revenue determined that a decedent and another individual had entered into a valid common-law marriage under state law. Treasury regulations recognize a marriage for federal tax purposes when it is recognized by the state, territory, or possession where it was entered into. The IRS therefore concluded that the couple was married for federal tax purposes when the decedent died. The memorandum relied on the state board's specific factual and legal determination.

Ruling snapshot

  • Question: Were the decedent and the other individual married for federal tax purposes at the time of death?
  • Outcome: advice given
  • Key authorities: Treas. Reg. § 301.7701-18(b)(1)

Full text (IRS public release)

                            INTERNAL REVENUE SERVICE
                  NATIONAL OFFICE TECHNICAL ADVICE MEMORANDUM

                                                May 01, 2017

                                                     Third Party Communication: None
                                                     Date of Communication: Not Applicable
Number:                    201734007
Release Date:              8/25/2017
Index (UIL) No.:           7701.00-00
CASE-MIS No.:              TAM-104049-17

------------------------
CC:SB:2:PIT


         Taxpayer’s Name:                            -------------------
         Taxpayer’s Address:                         --------------------------------------------------
                                                      --------------------------------------
         Taxpayer’s Identification No.:              ------------------
         Year(s) Involved:                           ------------------------
         Date of Conference:                         -------------------


LEGEND:

Decedent                   = -------------------
Date 1                     = --------------------------
X                          = -------------------
Date 2                     = -----------------------
State                      = -------------------


ISSUES:

Whether Decedent and X were married, for federal tax purposes, when Decedent died
on Date 1.

CONCLUSIONS:

Yes. Decedent and X were married, for federal tax purposes, when Decedent died.
TAM-104049-17                               2

FACTS:

In an Order dated Date 2, the State Board of Finance and Revenue concluded that
Decedent and X had entered into a common-law marriage under State law and that
“based on the specific facts and circumstances presented, Decedent and X were
common-law spouses” when Decedent died on Date 1.

LAW AND ANALYSIS

Section 301.7701-18(b)(1) of the Procedure and Administration Regulations provides
that a marriage of two individuals is recognized for federal tax purposes if the marriage
is recognized by the state, possession, or territory of the United States in which the
marriage is entered into, regardless of domicile. In this case, because the State Board
of Finance and Revenue held that Decedent and X were married under State law when
Decedent died on Date 1, their marriage is recognized for federal tax purposes.

CAVEAT(S):

      A copy of this technical advice memorandum is to be given to the taxpayer.
Section 6110(k)(3) provides that it may not be used or cited as precedent.

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