- 4 - 213 and then consider the particular claims made by petitioners. Certain expenses paid during the taxable year, not compensated for by insurance or otherwise, for the medical care of the taxpayer or a dependent (as defined in section 152) may be allowed as a deduction to the extent that the expenses exceed 7.5 percent of the taxpayer’s adjusted gross income. Sec. 213(a). A dependent includes a son more than half of whose support was received from the taxpayer. Sec. 152(a)(1). “Medical care” includes amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease or for the purpose of affecting any structure or function of the body, under section 213(d)(1)(A), and for transportation primarily for and essential to medical care referred to in subparagraph (A), under section 213(d)(1)(B). Medical care also includes amounts paid for qualified long-term care services, as defined in section 7702B(c). Sec. 213(d)(1)(C). “Qualified long-term care services” means necessary diagnostic, preventative, therapeutic, curing, treating, mitigating, and rehabilitative services, and maintenance or personal care services, which are required by a chronically ill individual and are provided pursuant to a plan of care prescribed by a licensed health care practitioner. Sec. 7702B(c)(1). A “chronically ill individual” means any individual who has been certified by a licensed health care practitioner as being unable to perform at least two activities of daily livingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011