Darwin J. Albers & Peggy L. Albers - Page 14




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          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...)           





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