Robert Cotton, Jr. - Page 11




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          deductions in 1996, Mrs. Cotton is not entitled to the standard             
          deduction for 1996.                                                         
          4.   Medical Expenses                                                       
               A taxpayer may deduct expenses incurred for medical care and           
          dental expenses to the extent that the expenses exceed 7.5                  
          percent of the taxpayer’s adjusted gross income.  See sec.                  
          213(a).  Medical care expenses includes amounts paid for                    
          insurance premiums.  See sec. 213(d)(1)(D).  To substantiate                
          medical and dental expenses under section 213, a taxpayer must              
          provide the name and address of each person to whom payment was             
          made and the amount and date of each payment.  See sec. 1.213-              
          1(h), Income Tax Regs.                                                      
               At trial, Mr. Cotton estimated that he paid $1,638 for                 
          medical insurance premiums and $500 in other medical expenses               
          (for copayments and emergency room visits) in 1996.  The record             
          is unclear if Mr. Cotton estimates that he paid a similar amount            
          in 1994, and we assume, for the purposes of this opinion, that              
          Mr. Cotton estimates that he paid $2,138 for medical expenses in            
          1994 and 1996.  Mr. Cotton’s adjusted gross income was $37,575 in           
          1994 and $48,380 in 1996.  The medical expenses estimated by Mr.            
          Cotton do not exceed 7.5 percent of his gross income ($2,818.13             
          in 1994 and $3,628.50 in 1996).  Mr. Cotton is not entitled to a            
          deduction under section 213 for 1994 and 1996.                              








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