- 14 - 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 beenPage: 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