James Albert and Beverly Alderman - Page 15

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          the options would probably have resulted in greater expense to              
          petitioners, while some might have reduced petitioners’ outlay.             
          Merely because petitioners’ chosen arrangement enables them to              
          specifically identify an “extra” commute made to accommodate                
          Mr. Alderman’s disability should not render their alleged “above            
          normal” costs any more legitimate for section 213 purposes than             
          those necessitated by other alternatives.                                   
               Regardless of the transportation method selected, the                  
          primary and fundamental underlying purpose for the costs incurred           
          in petitioners’ situation was to get Mr. Alderman to and from               
          work, not to treat his medical condition.  The cases are                    
          unanimous in holding that such costs are personal, nondeductible,           
          commuting expenses.  Stated otherwise, the costs of                         
          transportation to and from work are not directly and proximately            
          related to medical care where employment is not prescribed as               
          therapy and thus do not satisfy the “but for” test applied under            
          section 213.                                                                
               Petitioners’ circumstances illustrate this shortcoming.  As            
          previously indicated, the “but for” test requires 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. Commissioner, 62                
          T.C. at 819.  Working, though admirable, was not an essential               
          part of Mr. Alderman’s prescribed treatment, and there has been             






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