Bassett v. Commissioner
United States Tax Court
Petitioners, in the taxable year 1950, included in medical expenses an advance payment of $ 4,000 made on December 29, 1950, for the medical care of Jennie Banks, a dependent, for the ensuing year 1951. Held, a prepaid item for medical services to be rendered in the following year does not constitute a payment in the taxable year for medical expenses within the meaning of section 23 (x), Internal Revenue Code of 1939.
1Opinion of the Court
OPINION.
LeMire, Judge:
This proceeding involves a deficiency in income taxes of petitioners for the year 1950 in the amount of $3,409.12.
The issue is whether in computing the deduction for medical expenses in a given taxable year a taxpayer may include a prepaid item for medical care to be incurred in a subsequent year.
All the facts have been stipulated and are so found. They may be summarized as follows:
Petitioners are husband and wife and reside in the city of Buffalo, New York. Their joint income tax return for the taxable year 1950 was filed with the collector of internal revenue for the…
2Cases cited6 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- United States v. KirbySupreme Court of the United States · 1869
- Commissioner of Internal Revenue v. Boylston Market Ass'nCourt of Appeals for the First Circuit · 1942
- Bauer Bros. Co. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1931
- Galatoire Bros. v. LinesCourt of Appeals for the Fifth Circuit · 1928
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3Cited by23 opinions
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- Bonaire Development Company, a California Corporation, Successor by Merger to Branjon, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
- Gordon v. CommissionerUnited States Tax Court · 1962
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