James Albert and Beverly Alderman - Page 14

                                       - 13 -                                         
          and from work are those where the employment itself is explicitly           
          prescribed as therapy to treat a medical condition.  Weinzimer v.           
          Commissioner, T.C. Memo. 1958-137; Misfeldt v. Kelm, 44 AFTR                
          1033, 52-2 USTC par. 9495 (D. Minn. 1951).                                  
               Notably, the taxpayers in the majority of the above cases              
          involving denial of deductions likely could have argued that they           
          incurred costs in getting to work above those that would have               
          been required absent their disabling condition.  They further               
          would probably have been in a position to assert that the effect            
          of the additional expenditures was to enable them to obtain a               
          level of functionality on par with that of unimpeded individuals.           
          Petitioners attempt to distinguish such cases with the statement            
          that “no specific facts [sic?] costs were incurred that either              
          were not an elected option by the taxpayer or costs that would              
          occur normally within the course of an ordinary commute.”  Hence,           
          petitioners apparently argue that these taxpayers, unlike                   
          themselves, incurred no legitimate “above normal” costs.  We,               
          however, perceive no meaningful distinction.                                
               Petitioners elected to convey Mr. Alderman to work by having           
          Mrs. Alderman drive him.  This option was selected in lieu of               
          other potential options, such as having Mr. Alderman call a                 
          taxicab, hire a driver, use public transportation, join a                   
          carpool, etc.  Many of these options would clearly have generated           
          costs nondeductible under the above judicial precedent.  Some of            






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