James Albert and Beverly Alderman - Page 9

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               Regulations promulgated under section 213 caution that                 
          medical expense deductions should be “confined strictly to                  
          expenses incurred primarily for the prevention or alleviation of            
          a physical or mental defect or illness.”  Sec. 1.213-1(e)(1)(ii),           
          Income Tax Regs.  Caselaw interprets this stricture with the                
          similar pronouncement that the expenses for which a deduction is            
          sought “must be for goods or services directly or proximately               
          related to the diagnosis, cure, mitigation, treatment, or                   
          prevention of the disease or illness.”  Jacobs v. Commissioner,             
          62 T.C. 813, 818 (1974); see also Gerstacker v. Commissioner, 414           
          F.2d 448, 450 (6th Cir. 1969), revg. and remanding 49 T.C. 522              
          (1968); Havey v. Commissioner, 12 T.C. 409, 412 (1949).  An                 
          incidental relationship to health, bodily condition, or medical             
          care is insufficient.  Havey v. Commissioner, supra at 413.                 
               This Court has established a two-pronged, “but for” test in            
          determining whether expenses were directly or proximately related           
          to treatment of a medical condition:  The taxpayer must prove               
          that (1) the expenditures were an essential element of the                  
          treatment for the condition, and (2) the expenditures would not             
          have otherwise been incurred for nonmedical reasons.  Jacobs v.             


               2(...continued)                                                        
          years beginning after Dec. 31, 1983.  Tax Equity and Fiscal                 
          Responsibility Act of 1982, Pub. L. 97-248, sec. 202(b)(3)(B),              
          (c)(2), 96 Stat. 421.  Where appropriate based on the context in            
          which used, we shall treat references by petitioners to sec.                
          213(e) as references to current sec. 213(d).                                





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