- 9 - expense, and section 213 is an exception to the general rule of section 262 that personal, living, and family expenses are not deductible. Section 213(d)(1) defines medical care as amounts paid (A) for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body, (B) for transportation primarily for and essential to medical care referred to in subparagraph (A), or (C) for insurance * * * covering medical care referred to in subparagraphs (A) and (B). The regulations provide that medical expense deductions "will be confined strictly to expenses incurred primarily for the prevention or alleviation of a physical or mental defect or illness." Sec. 1.213-1(e)(1)(ii), Income Tax Regs. To qualify as a medical expense deduction, the expense must be for services that are directly or proximately related to the diagnosis, cure, mitigation, treatment, or prevention of the disease or illness. Jacobs v. Commissioner, 62 T.C. 813, 818 (1974). An expense that provides an "incidental benefit", Havey v. Commissioner, 12 T.C. 409, 413 (1949), or that is merely in some way connected to medical care, Gerstacker v. Commissioner, 414 F.2d 448 (6th Cir. 1969), revg. and remanding 49 T.C. 522 (1968), is not deductible. Accordingly, petitioner would be entitled to deduct the legal expenses in issue under section 213 if there is a direct or proximate relationship between the legal fees and the treatment of a medical condition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011