- 10 - In considering the deductibility of expenses that are not purely medical in nature, we have turned to factors such as the taxpayer's purpose or motive in incurring the expense, the effect of the goods or services purchased on the medical condition, and the origin of the expense. Havey v. Commissioner, supra. In Jacobs v. Commissioner, supra, we applied a two-prong test to determine whether an expense is directly or proximately related to the treatment or prevention of a medical condition: A taxpayer must prove that the expenditure was an essential element of the treatment for a medical condition and would not have otherwise been incurred for nonmedical reasons. Petitioner contends that the attorney's fees from the legal proceedings against the Portland School District were proximately related to the medical care that Daniel received at Eagle Hill. Petitioner contends that he reasonably believed that he would not be able to afford medical treatment for Daniel through his high school graduation unless the Portland School District paid for a portion of the costs. Accordingly, petitioner argues that the legal proceedings against the school district were essential in obtaining access to medical treatment for Daniel and were a necessary part of that treatment. Respondent contends that Daniel could have received medical treatment at Eagle Hill without petitioner's having to incur the legal expenses. Accordingly, respondent maintains that the legal expenses were not necessary to Daniel's medical care and are not deductible.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