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

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.