- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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