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