Robert and Martha Emanuel - Page 11




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          petitioners’ argument, the deduction would nevertheless be                  
          disallowed because the payments received for worker’s                       
          compensation would be considered as compensated for by insurance            
          or otherwise.  Sec. 213(a).  The deduction would also be                    
          disallowed with respect to petitioners’ 1997 and 1998 tax years             
          because the amounts paid for the services provided to Mr.                   
          Emanuel, which are qualified long-term care services as defined             
          under section 7702B(c), are treated as not paid for medical care            
          because the services were provided by Mr. Emanuel’s spouse.  Sec.           
          213(d)(11)(A).  Respondent is sustained on this issue.                      
               b.   New van                                                           
               Petitioners replaced their old van with the purchase of a              
          new Chevrolet van in 1998 for $32,000.  Petitioners purchased a             
          van, rather than another vehicle, such as an automobile, in order           
          to accommodate Mr. Emanuel’s scooter.  Petitioners claim that               
          they are entitled to deduct $12,225 as a medical expense which              
          represents approximately the difference between the cost of the             
          new van, at $32,000, and the cost of a new car, such as a                   
          Chevrolet Lumina, at $19,775.6                                              



               6  Petitioners argue that their position is supported by a             
          private letter ruling and two revenue rulings.  None of these               
          rulings supports petitioners’ position.  Revenue rulings do not             
          have the force of law.  Lucky Stores, Inc. v. Commissioner, 153             
          F.3d 964, 966 n.4 (9th Cir. 1998), affg. 107 T.C. 1 (1996),                 
          supplemented by T.C. Memo. 1997-70.  As indicated, a taxpayer may           
          not rely on a private letter ruling issued to another taxpayer.             
          See supra note 5.                                                           





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