Legal Opinion

Gerard v. Commissioner

United States Tax Court

Decided January 26, 1962No. Docket No. 86042Published

Petitioners' young daughter was afflicted with cystic fibrosis and, upon the advice of a physician, they installed a central air-conditioning unit in their home at a cost of $ 1,300 so she could have the necessary clean dry air to breathe. Held, under the facts the $ 1,300 was a medical care expenditure under section 213, I.R.C. 1954, and, to the extent the unit did not increase the value of the home, it was deductible as medical expense.

1Opinion of the Court

Raymon Gerard and Frances Gerard, Petitioners, v. Commissioner of Internal Revenue, Respondent

Gerard v. Commissioner

Docket No. 86042

United States Tax Court

37 T.C. 826; 1962 U.S. Tax Ct. LEXIS 202;

January 26, 1962, Filed

Decision will be entered under Rule 50.

Petitioners' young daughter was afflicted with cystic fibrosis and, upon the advice of a physician, they installed a central air-conditioning unit in their home at a cost of $ 1,300 so she could have the necessary clean dry air to breathe. Held, under the facts the $ 1,300 was a medical care expenditure under section 213, I.R.C. 1954, and,…

2Cases cited3 opinions

  1. Gerard v. CommissionerUnited States Tax Court · 1962
  2. Delp v. CommissionerUnited States Tax Court · 1958
  3. Berry v. WisemanDistrict Court, W.D. Oklahoma · 1958

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