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letters A-K.
A B C D E F G H I J K L M N O P Q R S T U V W
A
A loss resulting from abandonment of
business or investment property is deductible as an ordinary loss, even if the
property is a capital asset. The amount of the loss is the property’s adjusted
basis at the time of abandonment.
The cost
of legal abortion is deductible as a medical expense.
Accidentally breaking articles such as
glassware or china under normal conditions does not give rise to a deductible
casualty loss.
A car accident may result in a deductible casualty
loss, unless the accident is caused by the willful negligence of the taxpayer
or another person operating the taxpayer’s car.
No deduction is allowed for professional accreditation fees such as
accounting certificate fees paid for the initial right to practice accounting,
bar exam fees, and medical and dental licensing fees paid to get initial
licensing.
. An individual taxpayer can deduct, as
miscellaneous itemized deductions subject to the 2 percent floor, accounting
fees that are paid or incurred for the production or collection of income; for
the management, conservation, or maintenance of property held for the
production of income; or in connection with the determination, collection, or
refund of any tax.
The cost of acupuncture services may be deductible as
a medical expense.
If a taxpayer pays a qualified charitable organization more than the
fair market value for the right to attend a charity ball, banquet, show,
sporting event, or other benefit event, the taxpayer may deduct the amount paid
above the fair market value of the privileges or other benefits received.
No deduction is allowed for the cost of admission to any dinner or
program, if any part of the proceeds of such event directly or indirectly
inures to or for the use of a political party or a political candidate.
Adoption expenses are non-deductible
personal expenses. Although an adoption services agency may be a qualified
charitable organization, amounts paid to the agency for services rendered by
the agency to the payers are not deductible charitable contributions.
Putting
display material that advertises a business on the taxpayer’s car does not
change the use of the car from personal to business use; thus, personal use of
the car such as commuting still is non-deductible.
Fees paid for counsel and advice about
investments that produce taxable income, including investment advisory services,
are deductible investment expenses subject to the 2 percent floor on
miscellaneous itemized deductions.
The cost
of installing and operating an electronic air cleaner pursuant to a doctor’s
recommendation for the alleviation of an illness, such as allergies, may
constitute a deductible medical expense only to the extent that the cost
exceeds the amount that would be required in the absence of the medical
condition.
An air-conditioning device that has been
installed in the taxpayer’s residence for the alleviation of an illness is
deductible as a medical expense, as long as it is purchased only for the use of
the sick person and does not become a permanent part of the dwelling. A
permanent central air conditioning unit installed for medical reasons is
deductible only to the extent that its cost exceeds the increase in value to
the home.
An airplane crash can cause a deductible
personal casualty loss.
The costs of air, rail, and bus
transportation incurred in a taxpayer’s work may be deductible unreimbursed
employee travel expenses subject to the 2 percent floor on miscellaneous
itemized deductions.
Transportation primarily for, and essential
to, medical care may be deductible as a medical expense.
A taxpayer traveling away from home for
business purposes may deduct as unreimbursed employee travel expenses subject
to the 2 percent floor on miscellaneous itemized deductions the cost of
traveling by taxi, commuter bus, airport limousine, or other transport services
between the airport or station and the taxpayer’s hotel.
The cost of treatment, including meals and
lodging, at a therapeutic center for alcoholism is a medical expense
Transportation costs paid to attend local
meetings of an Alcoholics Anonymous club are deductible as medical expenses if
the taxpayer’s attendance is pursuant to medical advice that membership in
Alcoholics Anonymous is necessary for the treatment of a disease involving the
excessive use of alcohol.
Attorney fees and other legal expenses
incurred to collect taxable alimony are deductible subject to the 2 percent
floor on miscellaneous itemized deductions.
The cost of ambulance hire essential to the
receipt of medical services is deductible as a medical expense.
The cost and care of guide dogs and other
animals aiding the blind, deaf, and disabled are deductible as a medical
expense.
If the cost of a taxpayer’s annuity has not
been fully recovered by the time of the taxpayer’s (or survivor annuitant’s)
death, the unrecovered investment can be deducted on the taxpayer’s final
income tax return as a miscellaneous itemized deduction not subject to the 2
percent floor.
A taxpayer who donates antiques to a
qualified organization may claim a charitable contribution deduction for the
fair market value of the antiques, provided that deductions in excess of $5,000
are supported by a written appraisal from a qualified and reputable source.
The cost of renting an apartment for the
taxpayer’s son, upon the advice of a psychiatrist that it would be therapeutic
for him to have the responsibility of caring for himself, is not deductible as
a medical expense.
Appraisal fees are deductible subject to the
2 percent floor on miscellaneous itemized deductions if paid to figure a
casualty loss or the fair market value of property donated to a charitable
organization.
A taxpayer who works for several hours each
morning on an archeological dig sponsored by a charitable organization, with
the rest of the day free for recreation and sightseeing, cannot take a
charitable contribution deduction because no charitable contribution deduction
for travel expenses incurred while away from home performing services for a
charitable organization is permitted if there is a
significant element of personal pleasure, recreation, or vacation in the travel or if the taxpayer’s duties are nominal.
A taxpayer may elect to deduct up to $15,000
per year of architectural and transportation barrier removal expenses incurred
for the purpose of making any facility or public transportation vehicle owned
or leased by the taxpayer for use in his trade or business more accessible to
and usable by handicapped and elderly individuals.
The cost of an artificial limb is deductible
as a medical expense.
The cost of automobile insurance for an automobile used in a
taxpayer's work or business is deductible in most cases. For an employee the deduction can only be taken as an unreimbursed employee business expense subject to the 2 percent floor.
The cost of artificial teeth is a deductible
medical expense.
B
The cost of babysitting services in order to
enable the taxpayer to do unpaid volunteer or charity work is not deductible.
The cost of child care is not deductible
as a medical expense even if the expense is necessary in order for the taxpayer
to receive medical or dental treatment.
Business bad debts may be fully deductible against ordinary income. Non- Business bad debts are deductible as short term capital losses.
The cost of
sending baggage and sample or display material between regular and temporary
work locations is deductible as an unreimbursed employee expense subject to the
2 percent floor on miscellaneous itemized deductions.
The cost
of bandages may qualify as a deductible medical expense.
Fees charged by a bank for the privilege of
writing checks on a personal checking account cannot be deducted, even if the
account pays interest. However, a taxpayer may deduct the monthly
service charges paid to a bank to participate in an automatic investment
service plan as expenses for the production and collection of income subject to the 2 percent floor on miscellaneous itemized
deductions.
The original costs of obtaining a business
license required for doing business such as the costs of the bar exam required
to be admitted to the practice of law, are non-deductible capital expenditures.
The costs of review courses designed to
prepare the taxpayer for the bar exam are
non-deductible personal expenses.
The expense of
purchasing a hospital bed, which was prescribed by the taxpayer’s doctor for
the relief of osteoporosis of the spine, qualifies as a deductible medical
expense.
Birth control pills are deductible as a
medical expense when prescribed by a doctor.
Payments
made to a reader for the blind for services performed in connection with the
conduct of a blind employee’s work are deductible as impairment-related
employee expenses, which are not subject to the 2 percent floor on
miscellaneous itemized deductions. Amounts a parent paid to a person to
accompany his blind child throughout the school day to guide the child while
walking are deductible as medical expenses.
The fair market
value of a boat donated to a qualified organization may be deducted as a
charitable contribution. A boat that has sleeping,cooking, and
toilet facilities is treated as a home for purposes of the home mortgage
interest deduction.
The cost of
books and supplies required for education that is required by the taxpayer’s
employer or the law or that maintains or improves skills needed in the
taxpayer’s present work is deductible as a work-related educational expense.
The cost of bottled water does not
constitute a deductible medical expense.
Donations to a nonprofit educational organization such
as the Boy Scouts are deductible as charitable contributions unless the
contribution is a substitute for tuition or other enrollment
fees.
Amounts paid as damages for breach of a
promise to marry, and attorney’s fees and other costs of a suit to recover such
damages, are non-deductible personal expenses.
Accidentally breaking articles such as glassware or china under normal
conditions does not give rise to a deductible casualty loss.
Illegal bribes
and kickbacks are not deductible.
The loss
of money or property through burglary may be deductible as a theft or casualty
loss.
Burial or funeral expenses, including the
cost of a cemetery lot, are non-deductible personal expenses.
The costs of air, rail, and bus
transportation may be deductible as unreimbursed employee expenses subject to
the 2 percent floor on miscellaneous itemized deductions. The cost of
transportation incurred primarily for, and essential to, medical care is
deductible as a medical expense.
C
The expenses of seeking political office are
non-deductible on the ground that they relate to office-seeking activities
rather than to activities normally engaged in by officeholders, even if the
candidate is running for re-election to the office and it represents his
primary or sole employment.
The fair market
value of a car, boat, or aircraft donated to a qualified organization may be
deducted as a charitable contribution. The costs of shipping the taxpayer’s car
from his former home to a new home in a move connected with the start of work
in a new location is deductible as a moving
The costs of operating and maintaining a car attributable to a
taxpayer’s use of the car in her work may qualify as deductible unreimbursed
employee expenses subject to the 2 percent floor on miscellaneous itemized
deductions if the automobile is used for business
purposes. A taxpayer can use his actual expenses to determine his deduction or
use the standard mileage rate. The standard mileage rate for
determining the deductible costs of operating an automobile for business
purposes is 36 cents per mile for 2003 and 37.5 cents per mile for 2004. Actual
automobile expenses that can be deducted include depreciation, licenses, gas,
oil, tolls, lease payments, insurance, garage rent, parking fees, registration
fees, repairs, and tires. If a taxpayer’s
car is furnished by his employer, he can only deduct his actual unreimbursed
car expenses and cannot use the standard mileage rate.
Out-of-pocket automobile expenses incurred
by a taxpayer while performing gratuitous services for a qualified charitable
organization qualify for the charitable contribution deduction. The taxpayer may use a standard mileage rate
to determine the amount of the deduction. The standard mileage rate for
charitable deduction purposes is 14 cents per mile for 2004.
Out-of-pocket automobile expenses such as
gas and oil, are deductible medical expenses when incurred for medical reasons.
Depreciation, insurance, general repair, or maintenance expenses do not qualify
for the medical expense deduction. The standard mileage rate may be used
instead of actual expenses. The standard mileage rate allowed for out-of-pocket
expenses for a taxpayer’s use of his car for medical reasons is 12 cents a mile
for 2003 and 14 cents per mile for 2004.
A taxpayer cannot deduct the expenses of
using his car in a non-profit car pool. However, any payments received from
passengers are treated as reimbursement of the taxpayer’s expenses and do not
have to be included in the taxpayer’s income.
State and local taxes on the registration or
licensing of highway motor vehicles are deductible as personal property taxes
only if the tax is ad valorem, or substantially in proportion to the value of
the motor vehicle, and is imposed on an annual basis. Vehicle license and
registration fees may be deducted as unreimbursed employee expenses subject to
the 2 percent floor on miscellaneous itemized deductions if they are incurred
in the course of the taxpayer’s work.
An employee may take an unreimbursed
employee expense deduction subject to the 2 percent floor on miscellaneous
itemized deductions for depreciation on a cellular telephone used in her work
if its use is for the convenience of the employer and required as a condition
of her employment.
Donations to individuals are not deductible as charitable contributions.
The cost of babysitting services in order to
enable the taxpayer to do charity work is not deductible. The cost of child
care is not deductible as a medical expense
even if the expense enables the taxpayer to get medical or dental treatment.
Child support payments are neither
deductible by the payer nor taxable to the payee.
Fees
paid to a chiropractor for medical care are deductible as medical expenses.
Church building fund assessments are deductible as charitable
contributions.
Periodic church dues are deductible as
charitable contributions.
Although
the cost of clothing generally is a non-deductible personal expense, the cost
and upkeep of work clothes and uniforms is deductible if the taxpayer must wear
them as a condition of employment and the clothes are not suitable for everyday
wear.
The fair market value of used clothing
donated to a qualified organization is deductible as a charitable contribution.
College tuition is generally a
non-deductible personal expense. Tuition for a work-related educational program
may be deductible as an unreimbursed employee expense subject to the 2 percent
floor on miscellaneous itemized deductions.
A high school teacher who sponsored the
school’s extracurricular comic book club cannot deduct the cost of comic books
purchased for use by the club and subsequently add to his own collection.
A community chest (a general fund set up to
receive donations to help pay for a community’s charity and social welfare
needs) is a qualified organization for purposes of the charitable deduction.
The expenses of traveling between the
taxpayer’s home and principal place of business are non-deductible personal
expenses. Even if a taxpayer suffers from a medical condition that requires him
to use a special mode of transportation to travel between his home and place of
employment, the transportation expenses are not considered essential to the
receipt of medical care and, thus, constitute non-deductible commuting expenses
rather than deductible medical expenses.Similarly, a
taxpayer with a slight disability resulting in his inability to drive could not
deduct the portion of his wife’s costs incurred in taking him to work as a
medical expense.Commuting expenses to a temporary work location, however, are
deductible travel expenses.
A taxpayer traveling away from home for
business purposes may be able to deduct the cost of renting a computer while
away from home as an unreimbursed employee expense subject to the 2 percent
floor on miscellaneous itemized deductions.
A taxpayer may deduct, as an unreimbursed
employee expense, depreciation (computed under the straight line method), on a
computer used in her work if its use is for the convenience of the employer and
required as a condition of her employment. A taxpayer who
satisfies the employer convenience and condition of employment
tests can claim an accelerated depreciation deduction and a Code Section 179
deduction if she uses the home computer more than 50 percent of the time in her
work. However, the 50
percent test does not apply to a computer used only in a part of the
home that meets the requirements for taking a home office deduction.
An individual may deduct depreciation on his
home computer if he uses it to produce income, for example, to manage his
investments that produce taxable income.
If a charitable contribution is a
conditional gift that depends on a future act or event that may not take place,
the donor can take an immediate deduction only if there is merely a negligible
chance that the act or event will not take place.
Condominium dues or fees paid on a condominium the taxpayer uses as a principal
residence are not deductible. Mortgage
interest is deductible under the same rules as other mortgage interest.
The cost of a policy that provides for the
replacement of lost or damaged contact lenses is a deductible medical expense.
Amounts paid for contact lenses needed for
medical reasons are deductible as a medical expense, as is the cost of
equipment and materials required for using contact lenses such as saline
solution and enzyme cleaner.
Education that maintains or improves skills
needed in the taxpayer’s present work such as refresher courses, courses on
current developments, and academic or vocational courses, is deductible
work-related education, subject to the 2 percent floor on miscellaneous
itemized deductions.
Amounts paid to obtain a controlled
substance such as marijuana, in violation of federal law, are not deductible
medical expenses even if state law permits the use of the substance when
purchased with a physician’s prescription.
The expenses of attending a convention are
deductible as unreimbursed employee expenses subject to the 2 percent floor on
miscellaneous itemized deductions if the taxpayer can show that attendance
benefits his trade or business.
Surgery for purely cosmetic reasons that is
directed at improving the taxpayer’s appearance and does not meaningfully
promote the proper function of the body or prevent or treat an illness or
disease is not deductible as a medical expense. However, the IRS has privately
ruled that the cost of treatment to correct a facial deformity that arose from,
or is directly related to, congenital abnormalities is a deductible medical
expense.
The cost of spiritual guidance or counseling
is not deductible as a medical expense.
No deduction is permitted for amounts paid
or incurred for membership in any club organized for business, pleasure,
recreation, or other social purposes. Clubs organized for business, pleasure,
or other social purposes include but are not limited to country clubs, golf and
athletic clubs, airline clubs, hotel clubs, and clubs operated to provide meals
under circumstances generally considered to be conducive to business
discussion.
A taxpayer may deduct, as employee expenses
subject to the 2 percent floor on miscellaneous itemized deductions, 50 percent
of cover charges for admission to a nightclub if the entertainment is
associated with or directly related to the taxpayer’s business.
The cost of review courses to prepare the
taxpayer for the certified public accountant examination is not deductible
because the courses are part of a program of study that can qualify the
taxpayer for a new profession.
Deductions arising out of criminal activity
generally are disallowed when allowing the deductions would severely frustrate
public policy, although deductions may be allowed for expenses that also would
be incurred in a legitimate activity.
The costs of attending a convention,
seminar, or similar meeting held on a cruise ship are not deductible as an
unreimbursed employee business expense unless the taxpayer can establish that
the meeting was directly related to the active conduct of the taxpayer’s trade
or business and that the cruise ship is registered in the United States and all
ports of call are located
in the United States or its possessions. If these
conditions are satisfied, a taxpayer may deduct up to $2,000 per year in
expenses of attending conventions on cruise ships, subject to the 2 percent
floor on miscellaneous itemized deductions.
The cost of traveling on a cruise ship is
not deductible as a medical expense, even if the trip is beneficial to the
taxpayer’s general health and wellbeing, if it is not undertaken primarily for
and essential to the taxpayer’s medical care.
Amounts
paid to buy or rent crutches are deductible as a medical expense.
Custodian fees charged by a broker that are
related to investments that produce taxable income are deductible investment
expenses subject to the 2 percent floor on miscellaneous itemized deductions.
D
A taxpayer who breaks an employment contract
may deduct, as a miscellaneous itemized deduction subject to the 2 percent
floor, damages paid to the former employer if the damages are attributable to
the pay received and reported by the taxpayer from that employer.
The cost of ballet training for an
individual suffering from scoliosis is not deductible as a medical expense, even
if recommended by the taxpayer’s physician and beneficial to the taxpayer’s
health, unless the expenses would not otherwise have been incurred for
non-medical reasons.
The cost of ballroom dance lessons recommended by the
taxpayer’s doctor as a form of therapy for arthritis and to alleviate nervous
tension is not deductible as a medical expense because it is not proximately
related to the taxpayer’s medical care.
No deduction is
allowed for the costs of child care. The cost of babysitting services in order
to enable the taxpayer to do charity work is not deductible. The cost of child
care is not deductible as a medical expense even if the expense enables the
taxpayer to get medical or dental treatment.
A daycare center may be a qualified
charitable organization if it is operated exclusively for educational purposes.
Educational purposes includes the providing of care of children away from their
homes if substantially all of the care provided by the organization is for
purposes of enabling individuals to be gainfully employed, and the services
provided by the organization are available to the general
public.
A taxpayer can
deduct as a charitable contribution any unreimbursed expenses he has while in a
permanent diaconate program established by his church. These expenses include
the cost of vestments, books, and transportation required to serve in the
program as either a deacon candidate or as an ordained deacon.
The cost
of special education, such as sign language or lip reading, designed to
alleviate the effects of deafness is deductible as a medical expense, as is the
cost of a “note taker” to take notes in class for a deaf college student. The cost of special equipment that allows a
deaf person to communicate by telephone is deductible as a medical expense.
Similarly, the cost of equipment that displays the audio part of television
programs as subtitles for hearing-impaired persons is deductible as a medical
expense.
The cost of cosmetic surgery to improve a
taxpayer’s facial deformity that arose from, or is directly related to,
congenital abnormalities is a deductible medical expense.
The owner of a structure generally cannot
claim a deduction for any amount expended for the demolition of the structure
or any loss sustained on account of the demolition.
A loss sustained before a building’s demolition will not be treated as
having been sustained on account of the demolition of the building and
therefore will not be disallowed.
The government-ordered demolition or relocation of a home that is unsafe
to use because of a disaster may give rise to a deductible casualty loss.
If a direct seller uses his company’s products himself, the cost of the
products is a non-deductible personal expense even if he keeps the products on
hand to show to potential customers. If the seller uses a product as a
demonstrator for one year or less and the demonstrator itself is not available
for purchase by customers, its cost is a deductible business expense. If the
demonstrator itself can be bought by customers, the seller must include it in
inventory.
No deduction is allowed for professional
accreditation fees paid to get initial licensing.
Amounts paid for dental treatment, including
fees paid to dentists for x-rays, fillings, braces, extractions, and dentures
are deductible as medical expenses.
The cost
of artificial teeth is a deductible medical expense.
An
individual taxpayer may claim an exemption for his child and for other
dependents.
A taxpayer can deduct the portion of
depreciation expense for an automobile that is attributable to the use of the
automobile in his work as an unreimbursed employee expense subject to the 2
percent floor on miscellaneous itemized deductions if the taxpayer chooses to
deduct actual expenses.
A taxpayer may deduct, as an unreimbursed
employee expense, depreciation (computed under the straight line method), on a
computer or cellular telephone used in her work if its use is for the
convenience of the employer and required as a condition of her employment. A taxpayer who
satisfies the employer convenience and condition of employment tests can claim
an accelerated depreciation deduction and a Code Section 179 deduction if she
uses the computer or cell phone more than 50 percent of the time in
her work. However, the 50 percent test does not apply to a computer used only in a part of the home that meets the
requirements for taking a home office deduction.
Losses incurred as a result of progressive
deterioration of property through a steadily operating cause are not due to a
sudden identifiable event and thus are not deductible as casualty losses.
The cost of diagnostic equipment such as
blood sugar test kits can be deducted as a medical expense if the device is
used for the diagnosis, cure, mitigation, treatment, or prevention of disease,
or the purpose of affecting any structure or function of the body.
The cost of a diagnostic service qualifies
as a deductible medical expense.
The accidental loss or disappearance of
property may be deductible as a casualty loss if it results from a sudden,
unusual, or unexpected event such as the loss of a diamond from a ring when a
car door is slammed on the taxpayer’s hand.
Diaper service for normal babies is
considered a personal expense rather than a deductible medical expense. However, the IRS has allowed a deduction for
diaper services in the case of a severely brain-damaged child who had to be
diapered.
A taxpayer may elect to treat up to $15,000
of qualified expenditures for the purpose of making any facility or public
transportation vehicle owned or leased by the taxpayer for use in his trade or
business more accessible to and usable by handicapped and elderly individuals
as a deduction rather than as a charge to a capital account
for any taxable year.
Disabled dependent care expenses may be
treated as deductible medical expenses, or alternatively as work-related
expenses for purposes of claiming the credit for household and dependent care
services necessary for gainful employment, but not as both.
The
government-ordered demolition or relocation of a home that is unsafe to use
because of a disaster may give rise to a deductible casualty loss.
Although contributions earmarked for the
relief of a particular individual or family cannot be deducted, taxpayers may
deduct contributions made to a qualified organization and earmarked for flood
relief, hurricane relief, or other disaster relief.
Points paid by a borrower to obtain a home
mortgage are deductible as home mortgage interest in the year paid if payment
of points is an established business practice in the area in which such
indebtedness is incurred, and the amount of such payment does not exceed the
amount generally charged in such area.
The death of
livestock from disease is not a deductible casualty loss. The death of trees or
other plants by disease is also not a deductible casualty loss.
Baggage charges and transportation costs for
sample or display materials may be deductible as unreimbursed employee expenses
subject to the 2 percent floor on miscellaneous itemized deductions.
E
The cost of ear piercing is a not a
deductible medical expense.
An
earthquake may give rise to a deductible casualty loss.
A medical expense deduction can be taken for
egg donor fees and other expenses of obtaining an egg donor so that a taxpayer
may attempt pregnancy, including fees paid to a coordinating agency for
procuring donor, fees paid to the donor for time and expense, the expenses of
medical and psychological testing of the donor, insurance fees to cover medical
or psychological needs of the donor, and legal expenses for the preparation of
the contract between the taxpayer and the egg donor.
The cost of elastic stockings is deductible as a medical expense.
The cost of removing unwanted facial hair by
methods such as electrolysis, where the removal is due to the taxpayer’s
personal preference, is not deductible as a medical expense.
The installation of an elevator, on a
doctor’s advice, qualifies as a medical care expense, but the medical expense
deduction is limited to the cost of the elevator, less the increase in value to
the home attributable to the elevator.
A deductible theft loss may arise when money
or property is taken from a taxpayer through embezzlement.
Donations to a utility company’s emergency
energy program are deductible as charitable contributions if the utility
company is an agent for a charitable organization that assists individuals with
emergency energy needs.
Unreimbursed employee expenses, which are
ordinary and necessary expenses paid during the tax year for carrying on the
taxpayer’s trade or business of being an employee that are not reimbursed by
the taxpayer’s employer, are deductible as miscellaneous itemized deductions
subject to the 2 percent floor.
Employment and outplacement agency fees paid
in looking for a new job in the taxpayer’s present occupation are deductible as
unreimbursed employee expenses subject to the 2 percent floor on miscellaneous
itemized deductions.
The employment taxes paid for household
employees are not deductible because they are not taxes imposed on the
taxpayer.
A deduction for entertainment expenses is allowed only if the
entertainment is either directly related to or associated with the active
conduct of a trade or business. The deduction is limited to 50 percent of the
taxpayer’s otherwise deductible business-related entertainment expenses.
Generally no deduction is allowed for the
costs of using an entertainment facility such as a yacht, hunting lodge,
fishing camp, swimming pool, tennis court, bowling alley, apartment, hotel
suite, or home in a vacation resort.
The cost of equipment such as crutches, can
be deducted as a medical expense if the equipment is used for the diagnosis,
cure, mitigation, treatment, or prevention of disease, or the purpose of
affecting any structure or function of the body.
Fees paid for eye examinations are
deductible as medical expenses.
The cost of radial keratotomy or LASIK eye
surgery is a deductible medical expense.
Amounts
paid for eyeglasses needed for medical reasons are deductible as a medical
expense. Eyeglasses are considered a personal item and thus are not deductible
as a business expense even if their use is necessary in the taxpayer’s business.
F
The cost of false teeth is deductible as a
medical expense.
Although travel expenses generally are not
deductible if the taxpayer’s new assignment is realistically expected to last
for more than one year, a federal employee participating in a federal crime
investigation or prosecution is not subject to the one-year rule and thus may
deduct travel expenses even if she is away from her home for more than one
year.
No deduction is allowed for federal taxes,
including the federal income tax, federal estate tax, FICA tax, and federal war
profits and excess profits taxes.
Fees and licenses such as car licenses,
marriage licenses, and dog tags are not deductible.
The costs of feminine hygiene supplies are
not deductible medical expenses.
The cost of fertility treatments, including
procedures such as fertilization (including temporary storage of eggs or
sperm), and surgery, including an operation to reverse prior surgery that
prevents having children, is deductible as a medical expense.
No deduction is allowed for fines or penalties paid to a governmental
unit for violating a law, or for any amount paid in settlement of actual or
potential liability for a civil or criminal fine or penalty.
. Donations by a taxpayer to a non-profit
volunteer fire companies are deductible as charitable contributions if the
company promotes the common good and general welfare of the community through
its primary activity of providing fire and ambulance service, even if the
company serves the area in which the taxpayer resides.
The donation of a mere right to use the
taxpayer’s property such as allowing a municipality fire department to house a
fire engine in the taxpayer’s garage, does not qualify as a deductible
charitable contribution because the right to use property does not constitute
an undivided portion of the taxpayer’s entire interest in the property.
A fire may
result in a deductible casualty loss, unless the taxpayer either willfully set
the fire or paid someone else to set it.
The cost of entertaining guests on a hunting
or fishing trip may be deductible as an unreimbursed employee expense subject
to the 2 percent floor on miscellaneous itemized deductions if the
entertainment is associated with or directly related to the taxpayer’s work.
Flood damage
may be deductible as a casualty loss.
Any item that can be treated as either a
gift or entertainment generally will be considered entertainment and as such
may be deductible as an unreimbursed employee expense subject to the 2 percent
floor on miscellaneous itemized deductions if it is either associated with or
directly related to the taxpayer’s work.However, if the taxpayer gives a customer prepackaged food
or beverages for the customer to use at a later date, the food or beverage is
treated as a gift.
If special food or beverage is used by an
individual with a medical problem merely as a substitute for food or beverage
normally consumed to satisfy nutritional requirements, the cost of such food or
beverage is a personal expense. If certain foods are medically prescribed for
the individual to meet special dietary needs caused by a medical problem,
rather than merely to satisfy normal nutritional needs, the excess of the cost
of the special food over comparable regular food is a deductible medical
expense. While amounts paid by a taxpayer to participate in a weight-loss
program as treatment for a specific disease or diseases (including obesity)
diagnosed by a physician are expenses for medical care are deductible, the cost
of purchasing diet food items is not deductible.
The foreclosure or repossession of property,
due to the taxpayer’s failure to make payments on a loan secured by the
property, is treated as a sale or exchange that may give rise to gain or loss.
No deduction is allowed for a loss on the sale of property used for personal
reasons such as the taxpayer’s personal residence.
Where the taxpayer looses his home and
furnishings in an eviction and foreclosure sale, the loss is not caused by any
sudden, unexpected, and external event, but by his failure to make the proper
payments on the mortgage loan, and thus does not give rise to a deductible
casualty loss. Where the eviction is pursuant to court order, the eviction does
not give rise to a deductible theft loss.
Although contributions to a foreign church
or charitable organization generally are not deductible, donations to certain
Canadian, Israeli, and Mexican charitable organizations may be deducted as charitable
contributions.
The confiscation of a taxpayer’s property by
a foreign government or foreign officials acting under color of legal authority
is a personal loss and does not entitle the taxpayer to a theft or casualty
loss deduction. However, a taxpayer’s loss of household goods in a city that
fell to enemy troops during war is deductible as a casualty loss even if the
taxpayer cannot specify exactly how the property was destroyed.
A self-employed individual living abroad,
who does not receive housing expenses from an employer, can deduct housing
costs in arriving at adjusted gross income. The housing cost deduction for the
self-employed individual is limited to the excess of his foreign earned income
for the taxable year over the foreign earned income exclusion for the taxable
year.
Foreign real property taxes and income taxes
paid during the year are deductible, but only if the taxpayer does not elect to
claim the foreign tax credit. If the taxpayer uses the foreign earned income
exclusion, he cannot also claim the foreign tax credit or the deduction for
foreign income tax paid on that income.
The loss of
property due to forgery such as a third party forging the taxpayer’s signature
on a check, may be deducted as a theft loss.
Taxpayers may deduct some of the costs of
being a foster parent or foster care provider if the child is placed with the
taxpayer by a qualified agency and the taxpayer has no profit motive in providing
the care and does not in fact make a profit. However, if the foster parent is
able to claim a dependency exemption for the foster child, no charitable
contribution deduction is allowed with respect to that child.
A taxpayer who entered into a franchise
agreement with the intention of making a profit and paid a nonrefundable
franchise fee, but was forced to terminate the franchise agreement when the
franchisor failed to provide support, training, and materials, can claim a loss
deduction for the amount of the franchise fee.
The taking of money from a taxpayer through
fraud or misrepresentation may give rise to a deductible theft loss if the
fraud or misrepresentation is illegal under state or local law.
The expense of distributing free food and
beverages to the general public is fully deductible (not subject to the general
50 percent limitation on meal and entertainment expenses), if the taxpayer is
providing meals or entertainment to the general public as a means of advertising or promoting goodwill in the community.
Where consideration in the form of
admissions or other privileges or benefits is received in connection with
payments by patrons of fund-raising affairs, the taxpayer has the burden of
establishing that part of the payment qualifies as a tax-deductible charitable
contribution rather than as the purchase of privileges or benefits.
Federal excise taxes that are imposed on
certain fuels cannot be deducted by the
Burial or funeral expenses, including the
cost of a cemetery lot, are non-deductible personal expenses for which no
deduction is allowed for federal income tax purposes.
No deduction is available for the loss of
anticipated income or potential gain that the taxpayer had hoped to realize at
a future date.
G
Gambling losses, up to the amount of
gambling winnings, are deductible as a miscellaneous itemized deduction not
subject to the 2 percent floor.
Out-of-pocket car expenses such as gas and
oil, are deductible as medical expenses when the car is used for medical
reasons or may be unreimbursed employee expenses subject to the 2 percent floor
on miscellaneous itemized deductions when the car is used for business
purposes. A taxpayer may use the standard mileage rate instead of his actual
expenses for purposes of both the medical and the unreimbursed employee expense
deductions. The standard mileage rate for the medical expense deduction is 14
cents per mile for 2004 and 12 cents per mile for 2003. The standard mileage
rate for determining the deductible costs of operating an automobile for
business purposes is 37.5 cents per mile for 2004 and 36 cents per mile for
2003.
Gifts related to a business are deductible only if the gifts are ordinary and necessary business expenses and do not exceed $25 and only if the gifts are ordinary and necessary business expenses. Costs that do not add value to a gift such as gift wrapping, packaging, insuring and mailing, are generally not included in determining the $25 limit.
Donations to the Girl Scouts of America are deductible as charitable contributions.
The expenses of playing golf, including transportation to the golf course, are not deductible as medical expenses even if the taxpayer's physician recommends golf as beneficial to the taxpayer's general health.
No deduction is permitted for amounts paid or incurred for Golf club membership.
Donations of money or property to Goodwill Industries are deductible as
charitable contributions. IRS Publication 526, Charitable Contributions.
The government-ordered demolition or relocation of a
home may be considered a deductible casualty loss.
Money or property donated to federal, state, and local governments is
deductible as a charitable contribution if the contribution is solely for public purposes such as a
gift to reduce the public debt.
The cost of a grave stone is not deductible as a medical expense.
The cost and care of guide dogs and other animals aiding the blind, deaf, and disabled are deductible as medical
H
The cost of a hair transplant is not a deductible medical expense because the
procedure is directed at improving the patient's appearance and does not meaningfully promote
the proper function of the body or prevent or treat illness or disease.
The cost of removing the taxpayer's unwanted facial hair due to the taxpayer's
personal preference is not deductible as a medical expense.
The expenses of belonging to a health club generally are not deductible as
medical expenses, even if the taxpayer's job requires him to stay in excellent physical condition or if the taxpayer's doctor recommends it for his general health.
Medical and hospital insurance premiums are deductible as a medical expense. A self-employed individual may deduct 100 percent of his or her health insurance
expenses as an adjustment to income.
The cost of a hearing aid is deductible as a medical expense.
The expenses of a hobby activities are deductible up to the amount of income from the hobby.
Expenses incurred in the place of hospitalization are generally deductible as medical expenses.
Mortgage interest on a loans of up to $1,000,000 and Interest paid on a home equity loans of up to $100,000 are generally deductible as an Itemized deductions.
If a taxpayer uses a portion of the home regularly and exclusively for work part of the operating expenses and depreciation of the home can usually be deducted.
Amounts paid for homeowner's insurance premiums are nondeductible personal expenses.
Donations to a non-profit hospital are deductible as charitable contributions.
Fees for medically required hospital services are generally deductible as a medical expenses.
A taxpayer whose business trip is long enough that the taxpayer must stop for
sleep to properly perform may deduct the cost of a hotel room as an unreimbursed
employee expense subject to the 2 percent floor on miscellaneous itemized deductions.
A boat that has sleeping, cooking, and toilet facilities is treated as a home and qualifies for home related deductions.
Damage caused by a hurricane may be deductible as a casualty loss.
I
No deduction is allowed for any illegal payment to a government official
or any other person.
Permanent improvements made to increase the value of property are capital expenses and are generally not deductible. In some situations a taxpayer may elect to deduct the entire cost of the property.
Amounts paid to reimburse a county for the expenses of the upkeep and maintenance of the taxpayer's child while incarcerated in a juvenile detention center are non-deductible personal expenses rather than personal property or other deductible taxes.
A taxpayer can deduct the federal estate tax attributable to income in respect of a decedent that the taxpayer, as beneficiary, includes in her gross income. The deduction would be a miscellaneous itemized deduction not subject to the 2 percent limitation.
A taxpayer who must post an indemnity bond to replace taxable securities that are mislaid, lost, stolen, or destroyed can deduct the premium paid to buy the bond and the related incidental expenses as investment expenses. This deduction would be subject to the 2 percent floor on miscellaneous itemized
deductions.
The medical portion of the cost of assisted living arrangements are deductible medical expenses.
A taxpayer may claim an above-the-line deduction for contributions to a traditional IRA.
IRA trustee fees in excess of the maximum amount deductible for IRA contributions may be deductible investment expenses. The deduction would be subject to the 2 percent floor on miscellaneous itemized deductions.
Treatments received to overcome an inability to have children are generally deductible medical expenses.
The loss in purchasing power caused by inflation, or a rise in the price level of currently produced goods and services, is not a deductible loss.
Damage caused by insects generally does not qualify for a deductible casualty loss.
Institutional care costs are deductible medical care expenses if an individual is in the institution primarily because her condition requires the availability of medical care.
Medical and hospital insurance premiums are deductible as a medical
expense.
If a taxpayer borrows money for investment, the interest on the loan may be deductible up to the amount of the taxpayer's net
investment income.
Ordinary and necessary expenses paid or incurred to produce or collect
income or to manage property held for producing income are deductible as miscellaneous itemized deductions subject to the 2 percent floor.
Fees paid for counsel and advice about investments that produce taxable
income, including investment advisory services, are deductible investment expenses subject to
the 2 percent floor on miscellaneous itemized deductions
Fees related to investments that produce taxable income are deductible investment expenses subject to the 2 percent floor on miscellaneous itemized deductions.
Under an income tax treaty with Israel, donations to certain
Israeli charitable organizations may be deducted as charitable contributions for federal tax purposes, with the amount of the deduction limited to 25 percent of the taxpayer's adjusted gross
income from Israeli sources.
J
The accidental loss or disappearance of jewelry may be deductible as a casualty loss if
it results from a sudden, unusual, or unexpected event.
The expenses of looking for a new job in the taxpayer's present occupation may be deductible as unreimbursed employee expenses subject to the 2 percent floor on miscellaneous itemized deductions.
The costs of subscriptions to professional journals and trade magazines related to the taxpayer's work may be a deductible business expense. If the Journal expense is a job expense it may be deducted as an unreimbursed employee expenses subject to the 2 percent floor on miscellaneous itemized deductions.
K
No deduction is allowed for any payment to a government official or any other person that is an illegal bribe or kickback.
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