Philip A. Saunders - Page 11




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          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 insurance               






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