Harald Berrey - Page 8

                                        - 7 -                                         
          1.   Medical Expenses                                                       
               Deductions are a matter of legislative grace, are allowed              
          only as specifically provided by statute, and the taxpayer bears            
          the burden of proving that he or she is entitled to the claimed             
          deductions.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84                 
          (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440                
          (1934).  With these well-established propositions in mind, we               
          must determine whether petitioner has satisfied his burden of               
          proving that he is entitled to deductions for medical expenses              
          allegedly incurred during taxable year 1999.  As previously                 
          noted, respondent concedes medical expenses in the amount of                
          $18,904.  However, respondent argues that petitioner’s claimed              
          medical expenses in excess of that amount have not been                     
          substantiated; specifically, respondent claims that petitioner              
          has not shown that payments for such expenses were made in                  
          taxable year 1999.                                                          
               A taxpayer may deduct expenses incurred for medical care and           
          dental expenses to the extent that the expenses exceed 7.5                  
          percent of the taxpayer’s adjusted gross income.  See sec.                  
          213(a).  Medical care expenses include amounts paid for insurance           
          premiums.  See sec. 213(d)(1)(D).  To substantiate medical and              
          dental expenses under section 213, a taxpayer must provide the              
          name and address of each person to whom payment was made and the            







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011