Emmanuel I. Nwachukwu - Page 10




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          petitioner, insurance paid for the cost of the medical care                 
          provided by the clinic during 1995.                                         
               The printout is corroborating evidence that petitioner had             
          medical insurance and that he incurred some expense for medical             
          care during the year at issue.  Accordingly, on the basis of the            
          record presented, and using our best estimate, we find that                 
          petitioner is entitled to claim medical expenses of $592.  See              
          Cohan v. Commissioner, supra.  This expense is allowable as a               
          deduction to the extent that it exceeds 7.5 percent of                      
          petitioner's adjusted gross income.                                         
          Issue 3.  Child Care Expenses                                               
               Pursuant to section 21, petitioner reported child and                  
          dependent care expenses of $4,800 for two children, and claimed a           
          credit of $1,056.  Respondent disallowed the credit because                 
          petitioner did not substantiate that the amounts were paid or               
          that petitioner had qualifying children.                                    
               Section 21(a) generally provides an allowance for a credit             
          against the tax to any individual taxpayer who maintains a                  
          household that includes as a member one or more qualifying                  
          individuals and who incurs employment-related expense.  See Turay           
          v. Commissioner, T.C. Memo. 1999-315; Hopkins v. Commissioner,              
          T.C. Memo. 1992-326.  The term "qualifying individual", under               
          section 21(b), includes a dependent of the taxpayer under the age           
          of 13 with respect to whom the taxpayer is entitled to a                    






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