Delbert L. and Margaret J. Baker - Page 27

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          respectively, related to the portion of the monthly services fees           
          paid allocable to medical care.  These amounts are primarily                
          derived from the ad hoc committee’s calculations.  The amounts of           
          $3,461 and $3,596 for the years 1997 and 1998, respectively,                
          related to Mr. Baker’s use of the pool, spa, and exercise                   
          facilities at Village West.  The remainder of the reported                  
          amounts was for various other items.                                        
               Petitioners’ claimed entitlement to deductions for Mr.                 
          Baker’s use of the pool, spa, and exercise facilities is based in           
          part on a letter dated July 29, 1991, from Elaine K. Jones, M.D.,           
          which states that her evaluation confirms Mr. Baker’s previous              
          diagnoses of hypertension, valvular heart disease,                          
          hyperlipidemia, and degenerative arthritis.  The letter states              
          that to treat the above medical conditions it is imperative that            
          Mr. Baker continue his exercise program, including the exercise             
          room, swimming pool, and whirlpool at least three times a week.             
          The letter also states that the exercise program will help                  
          alleviate the symptoms of Mr. Baker’s chronic illnesses.                    
          IV. Respondent’s Determination                                              
               The examination in this case commenced after July 22, 1998.            
          On September 28, 2001, respondent issued a notice of deficiency             
          to petitioners for their 1997 and 1998 taxable years.  In the               
          notice, respondent determined that the portion of the monthly               
          service fees attributable to medical care was limited to $4,488             






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