- 10 - A. Medical Care Expenses As a general rule, section 262(a) prohibits a deduction for “personal, living, or family expenses.” An exception to this general rule is provided by section 213 for certain medical care expenses. Gerstacker v. Commissioner, 414 F.2d 448, 450 (6th Cir. 1969), revg. and remanding 49 T.C. 522 (1968). Under section 213(a), a taxpayer may deduct expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, the taxpayer’s spouse, or a dependent, to the extent that such expenses exceed 7.5 percent of adjusted gross income. Expenditures for insurance covering medical care are included in the definition of amounts paid for medical care. Sec. 213(d)(1)(D). To substantiate a deduction under section 213, a taxpayer must provide the name and address of each person to whom payment was made and the amount and date of each payment. Sec. 1.213-1(h), Income Tax Regs. Petitioners claimed medical and dental expenses of $8,020 on their 2002 Schedule A, and respondent has conceded that petitioners have substantiated $920 of this amount. Petitioners essentially contend that the remaining $7,100 of their claimed medical and dental expenses represents payments made by Mr. Marple for health insurance through withholding by hisPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007