Emmanuel I. Nwachukwu - Page 7




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          together, provided over half of the support the child received              
          during the calendar year.  Furthermore, although petitioner                 
          reported on his return that Bradley lived with him for all 12               
          months of 1995, it is clear from the record that Bradley's mother           
          had custody of the child for the majority of the calendar year.             
          Therefore, we hold that petitioner is not entitled to a                     
          dependency deduction for Bradley for the year at issue.                     
          Issue 2.  Medical Expense Deduction                                         
               On a Schedule A, Itemized Deductions, attached to his                  
          return, petitioner claimed medical expenses of $5,760.  After               
          accounting for the section 213(a) limitation, petitioner claimed            
          a medical expense deduction of $3,865 for 1995.  In the notice of           
          deficiency, respondent disallowed the deduction because                     
          petitioner did not establish that the amounts were paid or                  
          incurred during the year at issue.                                          
               At trial, petitioner testified that his daughter, Michelle,            
          had asthma and that he paid for two medical devices used to help            
          her condition, in addition to prescription drugs, medical                   
          insurance, and the required copayments for doctors' services.               
               Section 213 allows a deduction for 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 the adjusted                
          gross income.  The taxpayer must substantiate any deductions                






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