Robert and Martha Emanuel - Page 10




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          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).                                 





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