Posted on 02/04/2010 6:27:19 AM PST by tired&retired
U.S. Tax Court has ruled in favor of a Massachusetts taxpayer whose deduction for her sex change operation was rejected by the Internal Revenue Service.
Rhiannon G. O’Donnabhain, a 65-year-old civil engineer who was born Robert Donovan, sued the IRS after it disallowed the $5,679 medical expense deduction she took on her 2001 taxes for the $21,741 she had spent on hormone therapy, sex reassignment and breast augmentation surgery. The IRS disallowed the deduction, claiming the surgery was merely cosmetic and not surgically necessary.
Judge Joseph Gale allowed the expenses for sex reassignment surgery and hormone therapy, but agreed with the IRS on disallowing the costs of breast augmentation surgery as the hormone therapy had already produced some of the desired characteristics.
O’Donnabhain, who was represented by the Gay & Lesbian Advocates & Defenders, argued that she was afflicted by gender identity disorder, or GID, and the surgery was medically necessary. She had begun secretly wearing women’s clothing at the age of 10, but later joined the Coast Guard, married, and had three children before separating from her spouse in 1992. The IRS claimed that GID is “not a significant psychiatric disorder,” but is instead a “social construction” or “social phenomenon” that has been medicalized.
However, the court rejected this argument. “Respondent’s characterization of the condition on brief as a ‘social construction’ and ‘not a significant psychiatric disorder’ is undermined by both of his own expert witnesses and the medical literature in evidence,” wrote the judge in the ruling. “All three expert witnesses agreed that, absent treatment, GID in genetic males is sometimes associated with autocastration, autopenectomy, and suicide. Respondent’s expert Dr. [Chester] Schmidt asserts that remaining ambiguous about gender identity ‘will tear you apart psychologically.’”
(Excerpt) Read more at webcpa.com ...
OK, time to start deducting veterinary bills for your pets!!
The green eyeshades in Washington have their heads on straighter than most of our politicians.
Those are not “pets,” they are “therapy animals.”
Can I deduct the cost twice and stay the same as I already am?
This goober has a lot more problems than just a disallowed tax write off. Can life get any stranger?
This goober has a lot more problems than just a disallowed tax write off. Can life get any stranger?
Good One!
But it needs a little tweaking: “Therapy COMPANIONS”
LOL
it figures...Massachusetts .was it our pal , Bawney?
“autopenectomy”.
learn somthin new every day.
I wonder how long before our dog can get an addadictome.
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