Kansas not accepting tax returns same-sex couples

Topeka, Kan. (AP) — Despite earlier comments from the state attorney general's office, the Kansas Department of Revenue has not yet started accepting joint tax returns from same-sex couples, according to an email from a department official.

Richard Cram, policy director for the Kansas Department of Revenue, said in an email the agency is waiting for instructions from the office of Gov. Sam Brownback on accepting joint tax returns from same-sex couples, The Wichita Eagle reported Monday.

"However, we are still waiting to hear from the Governor's legal staff on exactly what that will mean, i.e., can we now accept 'married filing joint' returns from validly married same sex couples, and if so, for which tax years?" Cram said in the email to another Revenue Department official Monday. He said he's hoping for instructions from the governor's office early this week.

Cram also noted the department has pulled from its website a policy stating that the department does recognize same-sex marriages.

The newspaper was alerted to the email by Tom Witt, executive director of Equality Kansas, a gay rights organization. Witt accused the state of lying in a federal brief last week. That brief from the Kansas Attorney General's Office said the state was now accepting joint tax returns from same-sex couples.

"I look at this stuff and see the Brownback people basically lying to try and get a case dismissed when it's clear that people's constitutional rights are being trampled on," Witt said.

Assistant Attorneys General M.J. Willoughby and Steve Fabert argued in the brief last week that a federal lawsuit against the state should be dismissed because state agencies are recognizing same-sex marriages.

"And Kansas income tax returns filed jointly are now being accepted for all married couples," the brief said.

Jeannine Koranda, spokeswoman for the Department of Revenue, would not say if joint tax returns are being accepted.

"Going forward, same-sex couples who are legally married will be able to file joint tax returns," Koranda told the newspaper.

Jennifer Rapp, spokeswoman for Attorney General Derek Schmidt, also did not answer whether joint tax returns are being accepted for same-sex couples. Instead she sent a copy of a sworn affidavit from Cram. Cram's affidavit, which was also part of the federal court filing, says only that the policy against same-sex couples has been taken down from the website and is no longer considered valid. It does not say whether the agency is accepting joint returns.

Information from: The Wichita Eagle, Wichita, KS.

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The Gayly – July 13, 2015 @ 8pm.