Legal Opinion

Baker v. Comm'r

United States Tax Court

Decided February 19, 2004No. 448-02Published

Ps and AFVW executed a residence agreement entitling Ps to lifetime residence at VW. VW provides four different levels of accommodations. During the years in issue, Ps resided in an independent living accommodation which provides the lowest level of care and resembles a regular residence that can be found in any nonretirement living community. Ps paid monthly service fees of $ 2,170 and $ 2,254 for 1997 and 1998, respectively.

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Ps and AFVW executed a residence agreement entitling Ps to lifetime residence at VW. VW provides four different levels of accommodations. During the years in issue, Ps resided in an independent living accommodation which provides the lowest level of care and resembles a regular residence that can be found in any nonretirement living community. Ps paid monthly service fees of $ 2,170 and $ 2,254 for 1997 and 1998, respectively. Several amenities were available to Ps, including medical services and the use of pool, spa, and exercise facilities. D, the vice president of finance for AFVW, the…

1Opinion of the Court

DELBERT L. AND MARGARET J. BAKER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Baker v. Comm'r

No. 448-02

United States Tax Court

122 T.C. 143; 2004 U.S. Tax Ct. LEXIS 8; 122 T.C. No. 8;

February 19, 2004, Filed

Petitioners' deductions for medical care costs determined, in part.

APPENDIX

I. 1997

Total Costs Amount

Total expenses $ 16,069,104

Issue cost (98,395)

SNF noncontract patient fees (1,207,747)

ALU noncontract patient fees (80,156)

SCU noncontract patient fees (3,640)

SNF ancillary services, Medicare, and (448,462)

HMO billings for noncontract patients

Total costs 14,230,704

Medical…

2Cases cited21 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  3. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  4. HIGBEE v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
  5. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992

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