- 5 - The bill provides that expenses paid for cosmetic surgery or other similar procedures are not deductible medical expenses, unless the surgery or procedure is necessary to ameliorate a deformity arising from, or directly related to a * * * disfiguring disease. * * * cosmetic surgery is defined as any procedure which is directed at improving the patient’s appearance and does not meaningfully promote the proper function of the body or prevent or treat illness or disease. Thus, under the provision, procedures such as hair removal electrolysis, hair transplants, lyposuction, and face lift operations generally are not deductible. In contrast, expenses for procedures that are medically necessary to promote the proper function of the body and only incidentally affect the patient’s appearance or expenses for treatment of a disfiguring condition arising from a * * * disease (such as reconstructive surgery following removal of a malignancy) continue to be deductible * * *. [136 Cong. Rec. S15629, S15711 (1990).] It is clear from the Senate Finance Committee report that Congress did not intend that the expenses of all so-called cosmetic surgeries would be nondeductible. Respondent contends that, since the procedures were classified as cosmetic by petitioner’s surgeon,4 they were cosmetic for purposes of applying section 213(d)(9). Respondent argues that petitioner’s skin mass is not “a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or disfiguring disease”, and therefore, treatment for her condition 4 Respondent also notes that petitioner’s health insurance did not cover the surgical procedures. There may be many reasons for this, such as the policy exempted treatment for obesity. Thus, we do not find the lack of insurance coverage to be elucidating.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011