- 2 - incurred to involuntarily commit his wife in order to legitimate a method of medical treatment, should be extended to the facts of this case. Held: The reasoning of Gerstacker v. Commissioner, supra, does not apply to the facts of this case, and P is not entitled to deduct the legal expenses under sec. 213, I.R.C. James H. Rownd and Stephen L. Kadish, for petitioners. Katherine Lee Wambsgans, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION GERBER, Judge: Respondent determined a deficiency in petitioners Stephen A. and Ksenia Lenn's 1991 Federal income taxes of $4,464 and in petitioner Stephen A. Lenn's 1992 Federal income taxes of $8,788. After concessions, the issue for our consideration is whether petitioners may deduct legal expenses that they incurred to obtain reimbursement for the costs of medical treatment as section 2131 medical expenses. FINDINGS OF FACT2 At the time the petition in this case was filed, petitioner Stephen A. Lenn resided in Bratenahl, Ohio, and petitioner Ksenia Lenn resided in Boca Raton, Florida. In 1991, petitioners were 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 The stipulation of facts and the attached exhibits are incorporated therein by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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