Robert and Martha Emanuel - Page 5




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          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 living             






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Last modified: May 25, 2011