- 16 - Legal expenses incident to medical care have been allowed as a medical expense deduction only when the legal expenses are "'necessary to legitimate a method of medical treatment'". Levine v. Commissioner, 695 F.2d 57, 61 (2d Cir. 1982), affg. T.C. Memo. 1981-437 (quoting Gerstacker v. Commissioner, supra at 453). Petitioner's action against the Portland School District was not to legitimate medical treatment. Rather, petitioner instituted the legal action to ensure that Daniel could receive medical treatment that was arguably necessary to treat his cognitive deficits without petitioner's having to bear the financial burden of that treatment. The legal action against the Portland School District, had petitioner been successful, would not have alleviated or treated Daniel's learning disabilities or psychological problems. It would have merely alleviated the financial burden often faced by families in providing medical care to their family members. Petitioner asks us to expand the holding of Gerstacker v. Commissioner, supra, to the situation where a taxpayer institutes legal proceedings to seek payment for the costs of medical care that is otherwise obtainable and possibly already received. We find that there is not a proximate relationship between the legal expenses incurred to obtain reimbursement for medical care and the medical care received. Petitioner's legal expenses are not deductible medical expenses under section 213. While the legal expenses in issue may be connected to the son's treatment, theyPage: 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