- 18 - 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...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007