Michael Kevin Boltinghouse - Page 14




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          $401.01, there is no evidence to establish that petitioner paid             
          that amount.  Therefore he may not claim a deduction for that               
          amount.                                                                     
               The $48.50 for medications that respondent disputes consists           
          of payments for vitamins.  Under section 213(b), amounts paid for           
          medicines or drugs are deductible only if they are prescribed or            
          are insulin.  The vitamins in question are neither, and therefore           
          their costs are not deductible.                                             
               Petitioner has not provided any medical reason for                     
          purchasing contour replacement grips, and therefore we agree with           
          respondent that he is not entitled to a deduction for that                  
          expense.                                                                    
               Consequently, including those amounts respondent concedes,             
          we hold that petitioner is entitled to deductions of $3,242 for             
          medical and dental premiums paid, $91.92 for physician visit                
          copayments made, $156.29 for medication expenses, and $20 for               
          transportation expenses, to the extent that the total exceeds 7.5           
          percent of petitioner’s AGI.                                                
               B.  Taxes Paid                                                         
               Section 164(a) allows a taxpayer deductions for State and              
          local income taxes, real property taxes, and personal property              
          taxes.  On the proposed Form 1040, petitioner seeks to deduct               
          $911 for State and local taxes paid, of which respondent has                
          conceded $861.33.                                                           







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Last modified: November 10, 2007