- 6 - found to be merely substitutes for foods normally consumed by an individual. Harris v. Commissioner, 46 T.C. 672 (1966); Estate of Webb v. Commissioner, 30 T.C. 1202, 1213-1214 (1958); Collins v. Commissioner, T.C. Memo. 1965-233. The costs of a special diet are deductible only to the extent the taxpayer establishes that such costs exceed the costs of a normal diet. Nehus v. Commissioner, T.C. Memo. 1994-631, affd. without published opinion 108 F.3d 338 (9th Cir. 1997); Crawford v. Commissioner, T.C. Memo. 1993-192. Based on the record, we find that petitioner has failed to establish that his special diet was other than a substitute for a normal diet. We are not convinced that his special diet, although followed for medical reasons, differed from the diet of an ordinarily health-conscious individual. Sec. 1.213- 1(e)(1)(ii), Income Tax Regs. Moreover, petitioner has failed to establish the amount by which his actual food expenditures exceeded the costs of a normal diet. Petitioner testified that he deducted 66 percent of his total food expenditures for 1992 as medical expenses, but submitted little evidence of the cost, quantity, or type of foods and supplements which he purchased during 1992. We are therefore unable to make an estimate of his excess costs. Cf. Cohan v. Commissioner, 39 F.2d 540 (2d. Cir. 1930); Von Kalb v. Commissioner, supra. We hold that petitioner is not entitled to a medical expense deduction for the amounts claimed for his special diet.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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