Legal Opinion

Estate of Baral v. Commissioner

United States Tax Court

Decided July 5, 2011No. Docket No. 3618-10Published

D's physician diagnosed her as suffering from dementia and determined that, because of her diminished capacity, she required assistance and supervision 24 hours a day for medical reasons, as well as for her safety. D's brother, her attorney-in-fact, hired caregivers to provide the necessary assistance.

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D's physician diagnosed her as suffering from dementia and determined that, because of her diminished capacity, she required assistance and supervision 24 hours a day for medical reasons, as well as for her safety. D's brother, her attorney-in-fact, hired caregivers to provide the necessary assistance. During 2007, the year at issue, D paid $760 to D's physicians and the New York University Hospital Center for medical care provided to D, $5,566 to D's caregivers for supplies, and $49,580 to D's caregivers for their services. Held: D paid $760 in 2007 to her physicians and the New York…

1Opinion of the Court

OPINION

Dawson, Judge:

Respondent determined that decedent was liable for a $17,681 deficiency in Federal income tax and additions to tax of $3,107.47 under section 6651(a)(1), $1,173.93 under section 6651(a)(2), and $608.96 under section 6654(a) for 2007. The issue remaining for decision is whether decedent may deduct as medical care expenses under section 213(a) the following amounts paid during 2007: (1) $760 paid to decedent’s physicians and the New York University Hospital Center; (2) $5,566 paid to decedent’s caregivers for supplies; and (3) $49,580 paid to decedent’s caregivers for their…

2Cases cited1 opinion

  1. Raymond F. Borgmann v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1971

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