Charles and Beatrice M. Reynolds - Page 15




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         on their 1993 tax return because “there’s an exception in the Code           
         * * * for this type of a situation.”                                         
              We are unaware of the exception to which petitioners refer.             
         As a general rule, cash method taxpayers deduct expenses in the              
         year actual payment takes place.  See sec. 1.461-1(a)(1), Income             
         Tax Regs.  Petitioners have failed to point out any “exception in            
         the Code” that would exclude them from the general rule.  To the             
         extent they may be relying on section 213(c)(1), they are in                 
         error.  That provision allows an income tax deduction to a                   
         deceased taxpayer for medical expenses paid out of his estate                
         within a year of his death as though they were paid at the time              
         incurred.  Even if the $750 of expenses had been paid out of the             
         Estate of Mrs. Maxey, petitioners would not be entitled to claim             
         them as deductions on their joint income tax return.                         
              We find that petitioners paid in 1993 deductible expenses for           
         medical care for Mrs. Maxey totaling $9,160.  The total consists             
         of 10 monthly payments of $600, an October payment of $1,000,                
         insurance payments of $855 and $805, and general “Home Health                
         Care” payments of $300, and $200 for miscellaneous items.                    
              B.   Petitioners’ Personal Medical Expenses                             
              Petitioners assert that they are entitled to deduct, as                 
         medical expenses, payments of medical insurance premiums for 1993            
         made under their respective health plans, as well as the payments            
         of medical expenses not covered by their health plans.                       





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