- 21 - Speltz’s activities were essential to the daycare business operations. Accordingly, we find that payments made under the daycare’s medical benefits plan in the form of reimbursements are excludable from petitioners’ gross income under section 105(b). III. Deductibility of Medical Premiums and Reimbursements We next determine whether Mrs. Speltz may deduct the medical cost of insurance premiums and medical reimbursements paid on Mr. Speltz’s behalf from daycare business income. Petitioners may deduct medical costs attributable to Mr. Speltz if they substantiated the amount deducted and established that the amounts were ordinary and necessary and reasonable in amount.10 Whether Payments to Mr. Speltz Were Ordinary and Necessary Business Expenses Respondent argues that petitioners’ employee benefit program expense should be disallowed because petitioners deducted, in part, personal expenses, which are not ordinary and necessary business expenses and are therefore not deductible. Petitioners aver that the amounts deducted were ordinary and necessary business expenses and that the personal characteristics of the activities Mr. Speltz performed should not supplant the predominant business purpose of those activities. Taxpayers may deduct all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade 10We previously determined that an employer-employee relationship existed.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011