- 9 - paid to Mrs. Emanuel by Eastern Airline’s disability insurance carrier, American International Domestic Brokerage Group (AIG): Year Amount 1996 $15,834 1997 17,616 1998 15,474 Petitioners maintain that they are entitled to deduct the amounts paid to Mrs. Emanuel as medical expenses.4 Section 213 allows the taxpayer to deduct amounts paid for medical expenses. A taxpayer may deduct amounts that the taxpayer has paid for himself (or his dependent), but not amounts that a third party has paid on the taxpayer’s behalf. See McDermid v. Commissioner, 54 T.C. 1727 (1970). Because AIG paid Mrs. Emanuel, petitioners cannot deduct as a medical expense the payments received. Petitioners argue that the funds paid to Mrs. Emanuel belong to Mr. Emanuel and are his to “direct as he sees fit”, and that he could have received the funds directly from AIG and paid Mrs. Emanuel himself.5 Assuming, arguendo, that we were to accept 4 As previously indicated, petitioners now agree that the amounts should have been reported as gross income in their respective income tax returns. 5 Petitioners also cited a private letter ruling which bears no factual resemblance to this case. In any event, private letter rulings may be helpful but have no precedential force. Rowan Cos., Inc. v. United States, 452 U.S. 247, 261 n.17 (1981); Phi Delta Theta Fraternity v. Commissioner, 887 F.2d 1302, 1308 (6th Cir. 1989), affg. 90 T.C. 1033 (1988).Page: 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