Tae M. Kim and Young J. Kim - Page 15




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          claimed by petitioners and disallowed by respondent for certain             
          acupuncture treatments.                                                     
               Section 213(a) allows as a deduction the expenses paid                 
          during the taxable year, not compensated for by insurance or                
          otherwise, for medical care of the taxpayer, his spouse, or a               
          dependent, to the extent that such expenses exceed 7.5 percent of           
          adjusted gross income.  Medical care includes amounts paid for              
          the diagnosis, cure, mitigation, treatment, or prevention of                
          disease, or for the purpose of affecting any structure or                   
          function of the body.  See sec. 213(d)(1)(A).  Medical care also            
          includes amounts paid for transportation primarily for and                  
          essential to medical care listed above.  See sec. 213(d)(1)(B).             
               Petitioner testified that he received acupuncture treatments           
          to relieve nerve pain in his neck and back while in Korea from              
          May 27, 1993, to July 2, 1993,  Petitioner's 1993 weekly minder,            
          which he used while in Korea, has 12 entries for acupuncture                
          treatments in June 1993.  Petitioner testified that he paid $120            
          for each of the 12 acupuncture treatments and approximately $20             
          for transportation to and from such treatments.                             
               We find petitioner's testimony with respect to his                     
          acupuncture treatments credible.  We hold that petitioners are              
          entitled to a deduction for 1993 for the medical expenses claimed           
          on their 1993 return to the extent that such expenses exceed the            
          section 213(a) limitation.                                                  






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