Cosmetic Surgery Case Summary
1. Deducting Cosmetic Surgery
Issue: Can Ms. Gorgeous deduct the cost of her cosmetic surgery enhancements as a medical expense?
Facts:
Ms. Gorgeous is an aspiring actress who has managed to earn a living doing television commercials.
Decided to have botox injections in her forehead and collagen enhancements to her lips to hopefully move up in the industry.
After the procedures, her career drastically improved and she received movie offers.
Statutory:
Section 213(d)(9) classifies and treats cosmetic surgery as follows:
(A) The term “medical care” does not include cosmetic surgery or other similar procedures, unless the surgery or procedure is necessary to ameliorate a deformity arising from, or directly related to, …show more content…
219 was a similar case to that of this, well not the same but a similar situation. This case was also about a purchase of a real estate with the intentions of business use. Plans were prepared, decisions have been made, everything was pretty much all good to go but was all abandoned and also sold at a loss. There were two sides to the story, one being from the petitioner who said the property was not a capital asset because it was “used in the trade or business” and the other side comes from the respondent who said it was a capital asset because it was “never actually used in the trade or business.” The bottom line is that the decision was favored for the petitioner because I quote from the case:
“when it was purchased for the business purpose of causing a building to be constructed thereon to be occupied by the petitioner corporation and steps were taken looking toward the consummation of that plan, to the extent of causing plans to be drawn and specifications to be prepared for use in building on that particular lot. It seems to us that at that time some use, normal for that state of proceedings, had begun to be made of the lot for the petitioner's business
Issue: Can Ms. Gorgeous deduct the cost of her cosmetic surgery enhancements as a medical expense?
Facts:
Ms. Gorgeous is an aspiring actress who has managed to earn a living doing television commercials.
Decided to have botox injections in her forehead and collagen enhancements to her lips to hopefully move up in the industry.
After the procedures, her career drastically improved and she received movie offers.
Statutory:
Section 213(d)(9) classifies and treats cosmetic surgery as follows:
(A) The term “medical care” does not include cosmetic surgery or other similar procedures, unless the surgery or procedure is necessary to ameliorate a deformity arising from, or directly related to, …show more content…
219 was a similar case to that of this, well not the same but a similar situation. This case was also about a purchase of a real estate with the intentions of business use. Plans were prepared, decisions have been made, everything was pretty much all good to go but was all abandoned and also sold at a loss. There were two sides to the story, one being from the petitioner who said the property was not a capital asset because it was “used in the trade or business” and the other side comes from the respondent who said it was a capital asset because it was “never actually used in the trade or business.” The bottom line is that the decision was favored for the petitioner because I quote from the case:
“when it was purchased for the business purpose of causing a building to be constructed thereon to be occupied by the petitioner corporation and steps were taken looking toward the consummation of that plan, to the extent of causing plans to be drawn and specifications to be prepared for use in building on that particular lot. It seems to us that at that time some use, normal for that state of proceedings, had begun to be made of the lot for the petitioner's business