Robert and Martha Emanuel - Page 3




                                        - 2 -                                         
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
               Respondent determined that petitioners are liable for                  
          deficiencies in Federal income taxes as follows:                            
                           Year         Deficiency                                    
                          1996         $2,891                                        
                           1997         3,851                                         
                           1998         3,238                                         
               After concessions,1 the issues for decision are:  (1)                  
          Whether petitioners are entitled to deductions for medical                  
          expenses, and (2) whether petitioners are entitled to a deduction           
          for a charitable contribution for miles driven in their van.                









               1  Petitioners conceded respondent’s determination that the            
          payments Mrs. Emanuel received in 1996, 1997, and 1998 for                  
          attendant care services provided to Mr. Emanuel are includable in           
          gross income.  Respondent conceded that petitioners are entitled            
          to deduct as medical expenses $1,265 in 1998 for a modification             
          to their van to accommodate a wheelchair and scooter lift and               
          $300 in 1998 for maintenance of Mr. Emanuel’s scooter, and $1,094           
          in 1997 as a charitable contribution.  As a result of the mutual            
          concessions all adjustments in the notices of deficiency either             
          have been resolved or are computational.                                    
               Petitioners asserted entitlement to a deduction for expenses           
          for “WC Young”, “Quest”, “After YMCA”, investment fees paid of              
          $223, income tax preparation fees of $240, and income tax                   
          planning fees of $900, which were not claimed on the 1998 return.           
          Petitioners did not present any evidence concerning these issues.           
          Accordingly, we deem these issues conceded.                                 




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