- 14 - pursuant to an employee benefit plan for an expense that such employee pays or incurs. Sec. 162(a)(1); sec. 1.162-10, Income Tax Regs.13 However, a taxpayer, like Mr. Albers, who owns an unincorporated business is not entitled to deduct health insur- ance costs that he pays or incurs for himself, his spouse, and his dependents except as provided in section 162(l).14 13See Francis v. Commissioner, T.C. Memo. 2007-33. 14As applicable here, sec. 162(l)(1) provides that a tax- payer, like Mr. Albers, is entitled to deduct 60 percent of any amount that such taxpayer paid or incurred during 2001 for insurance that constituted medical care for such taxpayer, such taxpayer’s spouse, and such taxpayer’s children. Sec. 162(l) provides in pertinent part: SEC. 162. TRADE OR BUSINESS EXPENSES. * * * * * * * (l) Special Rules for Health Insurance Costs of Self-Employed Individuals.-- (1) Allowance of deduction.-- (A) In general.–-In the case of an indi- vidual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the applicable percentage of the amount paid during the taxable year for in- surance which constitutes medical care for the taxpayer, his spouse, and dependents. (B) Applicable percentage.–-For purposes of subparagraph (A), the applicable percentage shall be determined under the following table: For taxable years beginningThe applicable in calendar year-- percentage is– 1999 through 2001 . .. . . . . . . .60 (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007