Legal Question in Tax Law in California

Medical Expense Deductions
My husband was in ICU for 6 months, comatose and delerious most of the time, I stayed near in a hotel because they said he would not survive. This was 3 hours away from our home. My expenses are large and I am told by our tax preparer the we can only deduct $50.00 a night for lodging and .20 cents mile. I have also read this rule but have read others that say lodging and meals. Is there any way we can have some form of exception for rare cases? I am sure this is not a usual case. I did read about the parents of disabled children but that does not apply to a spouse. We really need those deductions because we took out a IRA to get through the year with medical and out of town expenses. My expenses are about $15,000.00. Are we missing anything? It seems with a spouse unable to make decisions there would be a exception.Thank you.

Asked on 2/15/08, 1:24 pm

Donald Field Donald L. Field, Jr., Attorney at Law

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Re: Medical Expense Deductions

your tax return preparer is right. see:

http://www.irs.gov/publications/p502/index.html

however, you may not be subject to the additional 10% penalty for distributions from an ira prior to age 59 1/2. see:

http://www.irs.gov/publications/p590/ch01.html

Answered on 2/16/08, 11:55 am

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