Cynthia S. Al-Murshidi - Page 6




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               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.            







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