A ruling in 2010 says gay couples can amended back to 2007, but will there be...

...penalties owed? California community property is now recognized in a private letter ruling. My partner makes more than I do since I'm a student. If I amend our returns going back to 2007, doing income-splitting to level out our returns, he will get a refund but I will have to pay...would I also have to pay a penalty even tho the ruling is just out this year?
 
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