- 9 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008