Shane Fitzgerald ACC 413-0001 – Concepts and Strategies of Taxation
Research Memo
RE: Deductions for medical expenses
September 22, 2011
Facts:Janice was injured in an accident and prescribed 6 months of physical therapy in a swimming pool. She does not live within an hour of the nearest public pool and wants to build a pool in her backyard. Janice lives alone and her annual Adjusted Gross Income is $50,000.
Issue: Is the cost to build and maintain a pool for Janice in part, or completely deductible as a medical expense?
Authorities:
IRC Sec. 213 (a) (d) (1.)
Reg §1.213-1 (e) (i) (ii) (iii)
Rev. Rul. 83-33, 1983-1 CB 70, IRC Sec(s). 213
HAINES v. COMMISSIONER, 71 TC 644, Code Sec(s) 213
Conclusion:
Janice will be
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The pool cost the petitioner over $19,000, and we cannot accept his contention that such amount was spent primarily for therapy for his leg in view of the limited need for such therapy and the alternatives which were then available.
The difference in Janice's case is that she lives in a rural part of her state where there are no publicly available swimming pools within an hours commute and therefore building her own pool is necessary to treat her medical condition.
In conclusion, Janice will be allowed to deduct the amount of cost to build her pool which exceeds both the amount it will increase the value of her property and 7.5% of her Adjusted Gross Income. She will also be able to deduct the cost to maintain the pool for the first year for a total medical expense deduction of $4,750.
Attachments:
§ 213 Medical, dental, etc., expenses. Internal Revenue Code (RIA)
(a) Allowance of deduction.
There shall be allowed as a deduction the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, or a dependent (as defined in section 152 , determined without regard to subsections (b)(1) , (b)(2), and (d)(1)(B) thereof), to the extent that such expenses exceed 7.5 percent of adjusted gross income.
Definitions.
For purposes of this section —
The term “medical care” means amounts paid— (A) for
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