- 12 - Petitioner contends that the legal proceedings against the Portland School District were necessary to secure access to medical treatment for his son and that Gerstacker v. Commissioner, supra, is controlling. In Gerstacker, the U.S. Court of Appeals for the Sixth Circuit, to which this case is appealable, held that where involuntary commitment of a patient is necessary to render medical treatment, the legal expenses that are necessary for the commitment proceeding are deductible medical expenses. The taxpayer wife had a history of mental and emotional problems. On two prior occasions, the wife ran away from treatment facilities after being voluntarily hospitalized. Doctors advised the husband that his wife could not be successfully treated unless she was involuntarily confined and recommended that the taxpayer-husband institute guardianship proceedings over his wife, which led to her involuntary confinement and medical treatment for her mental and emotional condition. Both the husband and wife hired attorneys in the guardianship proceedings whose legal fees were deducted by the taxpayers as medical expenses. 3(...continued) the school was necessary to treat his medical condition. The costs of a special school for mentally or physically disabled persons is a deductible medical expense if the principal reason for attending the school is to alleviate the disability. Fay v. Commissioner, 76 T.C. 408 (1981); sec. 1.213-1(e)(1)(v)(a), Income Tax Regs. The deductible costs include meals, lodging, and education provided by the school that are incidental to the special services performed. Fay v. Commissioner, supra.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