§9013 — Repealed. Pub. L. 115–141, div. U, title IV, § 401(d)(8), Mar. 23, 2018, 132 Stat. 1212]
9 cases·1 followed·8 cited—11% support
Statute Text — 26 U.S.C. §9013
[§ 9013. Repealed. Pub. L. 115–141, div. U, title IV, § 401(d)(8), Mar. 23, 2018, 132 Stat. 1212] Section, added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 572, provided that this chapter would take effect on Jan. 1, 1973. A prior section 9021, added by Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 572, established Presidential Election Campaign Fund Advisory Board, prior to repeal by Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1297. For effective date of repeal see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections. Statutory Notes and Related Subsidiaries Savings ProvisionFor provisions that nothing in repeal by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title.
9 Citing Cases
We hold that pe:itioner is not because the STARS transaction lacked economic substance.
on medical and dental expense deductions. Accordingly, we uphold respondent’s disallowance of 5The AGI floor was raised to 10% for taxable years beginning after December 31, 2012. See Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868 (2010). - 12 - petitioner’s medical and dental expenses on the basis that he may only deduct an amount to the extent it exceeds 7.5% of his AGI.6 B. Charitable Contributions Petitioner claimed charitable contribution de
the extent conceded by respondent. 5Section 213(a) was subsequently amended to raise the deductibility threshold to 10% ofAGI effective for tax years beginning after December 31, 2012. Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868. -30- [*30] IV. Penalties The Code imposes a 20% penalty on the portion ofany underpayment oftax attributable to "[n]egligence or disregard ofrules and regulations" or "[a]ny sub- stantial understatement ofincome tax."
the extent conceded by respondent. 5Section 213(a) was subsequently amended to raise the deductibility threshold to 10% ofAGI effective for tax years beginning after December 31, 2012. Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868. -30- [*30] IV. Penalties The Code imposes a 20% penalty on the portion ofany underpayment oftax attributable to "[n]egligence or disregard ofrules and regulations" or "[a]ny sub- stantial understatement ofincome tax."
c, literary, or educational purposes or for the prevention ofcruelty to children or animals. 5The AGI floor was raised to 10% for taxable years beginning after Decem- ber 31, 2012. See Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868 (2010). - 17 - [*17] 62 T.C. 813, 819 (1974); Stringham v. Commissioner, 12 T.C. 580, 584-585 (1949), aff'd per curiam, 183 F.2d 579 (6th Cir. 1950). Inquiries ofthis nature are primarily factual. Amounts paid for medic
and miscellaneous expenses of$22,511 (before the application ofthe 2% limitation 5Respondent made no adjustment to this item in the notice ofdeficiency. 6Sec. 213(a) was amended in the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868 (2010) (effective for taxable years beginning after December 31, 2012), to allow a deduction to the extent that eligible medical expenses exceed 10% ofadjusted gross income. - 8 - prescribed in section 67(a)). The misce
213(a) provides that eligible medical expenses may be deducted to the extent they exceed 10% of adjusted gross income.
213(a) provides that eligible medical expenses may be deductedto the extentthey exceed 10% of AGI.
2 T.C. 580, 584-585 (1949), aff'd per curiam, 183 F.2d 579 (6th Cir. 1950)). 4The adjusted gross income floor was raised to 10% for taxable years beginning after December 31, 2012. See Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868. - 8 - Even accepting arguendo petitioner's contention that she had an excessive adrenaline condition, she has not shown that bicycle exercise was essential to the treatment ofthat condition. Indeed, she conceded that h