Darwin J. Albers & Peggy L. Albers - Page 18




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          medical reimbursement plan the claimed $3,586 of health insurance           
          premiums and the claimed $4,630 of medical and dental expenses to           
          reimburse her for expenses that she incurred, or paid, for the              
          medical care of herself, her spouse Mr. Albers, and/or her                  
          dependent children.  See sec. 105(b).  On that record, we further           
          find that petitioners have failed to establish that any portion             
          of such claimed premiums and such claimed expenses is an ordinary           
          and necessary expense paid or incurred by Mr. Albers in carrying            
          on his farming business.18  See sec. 162(a); sec. 1.162-10,                 
          Income Tax Regs.                                                            
               Based upon our examination of the entire record before us,             
          we find that petitioners have failed to establish that they are             
          entitled under section 162(a) to the $8,216 deduction for “Em-              
          ployee benefit programs” claimed in petitioners’ Schedule F.19              

               18Petitioners’ reliance on Revenue Ruling 71-588, 1971-2               
          C.B. 91, is misplaced.  In that revenue ruling, a taxpayer who              
          operated a sole proprietorship with several full time employees,            
          including his spouse, had an accident and health plan covering              
          all employees and their families.  During the year involved in              
          Revenue Ruling 71-588, two employees, including the taxpayer’s              
          spouse, incurred expenses for medical care for themselves, their            
          spouses, and their children and were reimbursed pursuant to the             
          taxpayer’s plan.  Revenue Ruling 71-588 held that the reimbursed            
          amounts received by the employees are not includible in their               
          gross income pursuant to sec. 105(b) and that such amounts are              
          deductible by the taxpayer under sec. 162(a).  Revenue Ruling 71-           
          588, unlike the instant case, involved employees who incurred               
          certain expenses for medical care and who were reimbursed by                
          their employer for the expenses that they incurred.                         
               19As discussed above, respondent allowed in the notice that            
          respondent issued to petitioners for their taxable year 2001                
          $2,151 of the claimed $3,586 of health insurance premiums as a              
                                                             (continued...)           





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