T.C. Memo. 1998-85 UNITED STATES TAX COURT STEPHEN A. LENN AND KSENIA LENN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3981-96. Filed February 26, 1998. P has a son, S, who is disabled within the meaning of the Individuals with Disabilities Education Act, Pub. L. 91-230, sec. 601, 84 Stat. 175 (1970), as amended, and is entitled to special educational benefits from the public school system. P unsuccessfully sued the public school district to obtain reimbursement for the tuition of a residential private school for S. S attended the private school, and P has been allowed to deduct the tuition costs as medical expenses under sec. 213, I.R.C. P claimed a deduction for the legal expenses incurred in the lawsuit against the public school as medical expenses under sec. 213, I.R.C. R disallowed the deduction because the lawsuit was not necessary for S to attend the private school. P contends that the reasoning of Gerstacker v. Commissioner, 414 F.2d 448 (6th Cir. 1969), revg. and remanding 49 T.C. 522 (1968), which permitted the taxpayer to deduct the legal expensesPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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