James Albert and Beverly Alderman - Page 13

                                       - 12 -                                         
          was not ‘primarily for or essential to’ medical care”; rather,              
          the salary paid to the chauffeur was “in the nature of commuting            
          expenses” and was not deductible.  Id. at 119.  The analogous               
          scenario in Goldaper v. Commissioner, supra, involved a taxpayer            
          with vision problems, similar to Mr. Alderman, who could not                
          obtain a driver’s license and was advised by his doctor not to              
          use public transportation.  We again held that the cost of hiring           
          a professional driver for transportation to and from work was               
          nondeductible under section 213 in that “the primary reason for             
          petitioner’s use of a professional driver was the personal reason           
          of commuting to and from work.”  Id.                                        
               One further example is afforded by Ginsberg v. United                  
          States, 237 F. Supp. 968, 969 (S.D.N.Y. 1964), where the taxpayer           
          suffered from chronic osteomyelitis of the leg.  His physician              
          advised against prolonged walking or standing and in favor of               
          using an automobile to prevent future attacks or aggravation of             
          the condition.  Id.  On these facts, the court concluded that               
          “use of the vehicle will probably mitigate aggravation of the               
          taxpayer’s condition.  Nevertheless, the expense of using an                
          automobile for commutation to work and pleasure is not primarily            
          incurred for medical care where the employment is not prescribed            
          as therapy.”  Id. at 970.                                                   
               In contrast, the only cases in which deduction under section           
          213 has been permitted for costs incurred for transportation to             






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011