Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 9

                                        - 9 -                                         
          account of the 7.5-percent floor.  See sec. 213(a).  Their agreed           
          proper adjusted gross income is $65,668.  Only medical and dental           
          expenses exceeding 7.5 percent ($4,925.10) of the adjusted gross            
          income are deductible.  Since the amount of petitioners’ medical            
          and dental expenses ($3,280) did not exceed the threshold amount            
          ($4,925.10), petitioners are not entitled to any deduction for              
          medical/dental expenses.  Consequently, the $1,143 medical/dental           
          expense deducted on the joint return is an erroneous item giving            
          rise to part of the deficiency for 1994.                                    
               The parties have not informed the Court as to how petitioner           
          and Mr. Capehart would have reported the $1,143 of medical/dental           
          expenses if they had filed separate returns.  The regulations               
          provide that deduction items such as medical and dental expenses            
          that are unrelated to a business or investment are generally                
          allocated 50 percent to each spouse unless the evidence shows               
          that a different allocation is appropriate.  Sec. 1.6015-                   
          3(d)(2)(iv), Income Tax Regs.  Thus, we will allocate $571.50 of            
          the disallowed medical and dental expenses to each of petitioner            
          and Mr. Capehart.2                                                          


               2We are mindful that because the amounts of the erroneous              
          Form 4797 loss and the theft loss attributed to petitioner exceed           
          her share of the spouses’ combined taxable income for 1994, the             
          portion of the deficiency for which petitioner remains liable               
          would be the same if all of the medical/dental expenses were                
          allocated to Mr. Capehart.  Failure to include the disallowed               
          medical/dental expenses in the erroneous items, however, would              
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011