Ilija and Branka Mitic - Page 13




                                               - 13 -                                                  
            bound by the actions or inactions of respondent with respect to                            
            medical expense deductions claimed by petitioners for years prior                          
            to 1993.                                                                                   
                  Mr. Mitic also contends that petitioners are entitled to                             
            petitioners’ claimed medical expense deduction at issue for 1993                           
            because the expenditures in question (1) “were approved and                                
            recommended [by] Dr. James Wolfe” as expenditures from which Ms.                           
            Mitic “would benefit medically” and (2) “were reasonable and                               
            medically related to wife’s [Ms. Mitic’s] chronic asthma condi-                            
            tion.”  Those contentions are not supported by the record in this                          
            case.  Even if they were, on the record before us, we find that                            
            Mr. Mitic has failed to prove that the expenditures in question                            
            qualify under section 213 and the regulations thereunder as                                
            deductible expenses for the medical care of Ms. Mitic.                                     
                  We consider first the rental expense incurred by petitioners                         
            while the carpeting was removed from, and the hardwood flooring                            
            was installed in, petitioners’ residence and the interior of that                          
            residence was repainted.  On the record before us, we find that                            
            Mr. Mitic has failed to show that Dr. Wolfe approved and recom-                            
            mended that rental expense and that it qualifies as an expense                             
            paid for medical care under section 213.  See sec. 213(d)(2).                              
                  We turn now to the remaining expenditures in question                                
            consisting of the amounts paid by petitioners to have the carpet-                          
            ing removed and hardwood flooring installed throughout their                               






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011