Charles and Beatrice M. Reynolds - Page 18




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         not apply to any taxpayer for any month for which the taxpayer is            
         eligible to participate in a subsidized health plan maintained by            
         his employer.  See sec. 162(l)(2)(B).  Petitioner was eligible to            
         participate in such a plan throughout 1993 and 1994.  See 5 U.S.C.           
         secs. 8905 and 8906(b)(1) and (2) (1994).  Petitioners may not               
         deduct on Schedule C any amount paid for employer-sponsored                  
         medical insurance.  On the basis of the record, petitioners are              
         not entitled to claim on Schedule C any medical expense deduction            
         for 1993 or 1994.                                                            
              Petitioner testified that the amount deducted on Schedule A             
         as medical expenses for 1993 included $1,216 for his wife’s health           
         insurance payments.  Petitioners produced copies of “Explanation             
         of Benefits” (EOB’s) that are evidence that Mrs. Reynolds was                
         covered during 1993 by a health insurance plan sponsored by her              
         employer.  The EOB’s are not, however, evidence of the amount, if            
         any, that Mrs. Reynolds paid for her health plan coverage.  Mrs.             
         Reynolds, who testified on other matters, gave no testimony on the           
         subject of health insurance payments.  Petitioners have failed to            
         substantiate that they made any expenditure in 1993 for medical              
         insurance.                                                                   
              Copies of the EOB’s in evidence, along with other receipts              
         supplied by petitioners, show that Mrs. Reynolds incurred                    
         $1,419.71 of dental, optical, and prescription expenses that were            
         not covered by her employer sponsored health plan in 1993.                   





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