Theodore L. Sizelove, Sr. and Elaine J. Sizelove - Page 10




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          the Commissioner’s determination denying the deduction for                  
          medical and dental expenses.  See Davis v. Commissioner, supra              
          (citing Hunter v. Commissioner, T.C. Memo. 2000-249, and                    
          Nwachukwu v. Commissioner, T.C. Memo. 2000-27).                             
               Mrs. Sizelove testified that petitioners had other medical             
          and dental expenses, but she did not know why she failed to                 
          provide evidence of the expenditures to respondent.  Mrs.                   
          Sizelove also testified that they “guesstimated” their medical              
          and dental expenses for the year using recurring expenditures               
          (i.e., amounts of copayments and medical supplies for her                   
          diabetic husband).                                                          
               Petitioners failed to provide any evidence showing that they           
          actually made payments of $5,909.38 for medical and dental                  
          expenses in 2004.  See sec. 213(a).  Petitioners also have not              
          provided documentation that satisfies the additional requirements           
          imposed by section 1.213-1(h), Income Tax Regs.  See Davis v.               
          Commissioner, supra; Cotton v. Commissioner, supra.  Finally,               
          petitioners failed to provide sufficient evidence as to their               
          recurring expenditures, i.e., amounts of copayments and supplies,           
          for the Court to make a reasonable estimate.  See Vanicek v.                
          Commissioner, supra.  The Court finds that petitioners have not             
          substantiated the $5,909.38 in medical and dental expenses that             
          respondent has not conceded.                                                








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