Storyparadox1
4albion
1transcendentalist
3defense
Brendan Beehan 360x1000
Susie King Taylor 360x1000
1jesusandjohnwayne
George F Wil...360x1000
399
2paradise
3theleastofus
2jesusandjohnwayne
2lookingforthegoodwar
10abion
8albion'
499
Tad Friend 360x1000
Maria Popova 360x1000
Margaret Fuller3 360x1000
2albion
Gilgamesh 360x1000
Mary Ann Evans 360x1000
James Gould Cozzens 360x1000
1paradide
1theleasofus
6confidencegames
7confidencegames
Mark V Holmes 360x1000
Margaret Fuller1 360x1000
6albion
Anthony McCann2 360x1000
Susie King Taylor2 360x1000
1falsewitness
1empireofpain
5confidencegames
AlexRosenberg
2defense
9albion
Samuel Johnson 360x1000
Stormy Daniels 360x1000
1madoff
4confidencegames
1trap
Edmund Burke 360x1000
1lauber
Thomas Piketty1 360x1000
Anthony McCann1 360x1000
2theleastofus
Margaret Fuller4 360x1000
Margaret Fuller2 360x1000
1albion
Lafayette and Jefferson 360x1000
3albion
11632
2gucci
12albion
1defense
1lookingforthegoodwar
5albion
Spottswood William Robinson 360x1000
13albion
Thomas Piketty3 360x1000
Ruth Bader Ginsburg 360x1000
Richard Posner 360x1000
lifeinmiddlemarch2
1gucci
Office of Chief Counsel 360x1000
lifeinmiddlemarch1
3paradise
storyparadox2
2falsewitness
7albion
14albion
storyparadox3
Margaret Fuller 2 360x1000
Maurice B Foley 360x1000
299
2lafayette
Betty Friedan 360x1000
1confidencegames
2transadentilist
11albion
3confidencegames
Adam Gopnik 360x1000
1lafayette
George M Cohan and Lerarned Hand 360x1000
2trap
Learned Hand 360x1000
2confidencegames
Thomas Piketty2 360x1000
Margaret Fuller5 360x1000
LillianFaderman
199
Margaret Fuller 360x1000

This was published on PAOO on January 11, 2010.

PLR 200941003

Somebody once told me about a tax attorney who was presented with a question that he found extremely interesting. His comment was “That is an extremely interesting question. I hope we will have a client situation that it bears on it so I will be able to research it.” For better or worse I lack that discipline and will go poking around at things that will be of little or no practical benefit. It happens that about the most, to me, intriguing ruling of 2009 falls into that category.

PLR 200941003 was about the deductibility of infant formula as a medical expense. Citing Revenue Ruling 55-261, the service held that the formula was not deductible; the reasoning was that the formula just provided for normal nutrition. I think the ruling is wrong and the basis that they used indicates that they missed the point of the ruling request. The ruling request was on the behalf of not, the presumably well-fed, infant, but rather on behalf of the mother, who as it happens, had had a double mastectomy.

The definition of a deductible medical expense is fairly broad. It includes not only diagnosis, treatment and prevention, but also mitigation. Included in the last, for example, would be the cost of a special school. PLR 200318017 allowed a deduction for the various expenses involved in arranging for an egg donation for a woman unable to conceive using her own eggs.

What I find really curious, though, is why the ruling was requested in the first place. I did some, admittedly cursory, research which leads me to believe that the dollars involved cannot possibly be substantial. The furthest out estimate for annual cost of infant formula that I found was around $3,000. $1,200 would be a more representative estimate. Regardless you are not talking much north of $1,000 in tax probably somewhat less. Furthermore, it is not as if the deal will rise or fall based on the tax answer. Conceivably you might scuttle a merger if you can’t get a favorable ruling, but it is pretty clear that deductible or not the formula will be purchased.
It would seem to be a little silly to pay for a ruling request that you might think was frivolous, so why not just take the deduction and disclose?

The only thing I could think of was to create some stir on the issue. I couldn’t find that the ruling generated much other interest though.