- 11 - 2. Medical Expense Deductions Section 213(a) allows “as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, or a dependent * * *, to the extent that such expenses exceed 7.5 percent of adjusted gross income.” Petitioner now concedes that the medical expense deductions claimed on his returns are overstated to the extent that the insurance reimbursements received on account of his spouse’s medical insurance plan have not been taken into account. See, e.g., Marlett v. Commissioner, T.C. Memo. 1976-105. Petitioner’s concession on this point, in and of itself, eliminates petitioner’s entitlement to a medical expense deduction for 1993. Respondent’s determination that he is not entitled to a medical expense deduction for that year is therefore sustained. As to 1994, we find that petitioner’s medical expense deduction for that year is also overstated to the extent that it includes amounts withheld for Medicare from his and his spouse’s wages. Medicare taxes do not qualify for deduction under section 213. Sec. 1.213-1(e)(4)(i)(a)(3), Income Tax Regs. Taking into account the increase to petitioner’s 1994 adjusted gross income resulting from our holding regarding the Schedule E deductions, petitioner’s concession with respect to the medical insurancePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011