- 14 - We are not satisfied that there was no significant element of personal pleasure, recreation, or vacation in their trips to Walt Disney World and Universal Studios Florida. Sec. 213(d)(2). Moreover, petitioners have not substantiated the claimed travel expenses. Sec. 1.213-1(h), Income Tax Regs. We conclude that petitioners are not entitled to deduct the travel expenses for the attendant care provider as a medical expense. e. Backup generator Christopher would scratch and bite himself in great distress when the radio, television, and air conditioning in the home could not operate due to a loss of power. Power outages would occur in petitioners’ home three or four times a year. Petitioners purchased a backup electrical generator for $840 in 1998 to avoid the distress to Christopher when the radio, television, and air condition were not operating. The generator was not used to provide electricity to medical equipment for Christopher. The electrical generator is a capital expenditure. Secs. 263, 213(d)(1)(A); sec. 1.213-1(e)(1)(iii), Income Tax Regs. Petitioners’ explanation for the electrical generator is that they purchased it to ease Christopher’s distress, but this does not indicate a medical exigency. See Haines v. Commissioner, 71 T.C. 644 (1979). Although the electrical generator may have been beneficial to Christopher because it operated the radio,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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