Woman Sues IRS Over Denial Of Tax Deduction For Sex Change Operation

[pedinurse]

is she trying to write off the therapy or the actual procedure bills because usually they have a lot of both - most docs require lots of therapy pre - procedure?

 

[pedinurse]

"The IRS ruling is pure bias, since scientists agree that gender transition services are medically necessary and not cosmetic," said Joel Ginsberg, executive director of the Gay and Lesbian Medical Association."

Not all scientists agree though.

ok, i am totally unsure on this issue, but that statement is biased as well - pot calling the kettle black! we need some good indep. research on the issue.

 

[JBean]

is she trying to write off the therapy or the actual procedure bills because usually they have a lot of both - most docs require lots of therapy pre - procedure?

Either which way. IIRC, the code is just a required percent of your income that must be met in med expenses in order to write it off.

 

[JBean]

and your point is....?

give me the same thing.

I was understanding you to say she wanted her health costs covered, which is not what she is trying to do.
Sorry IB,I misunderstood.

 

[Nocgirl]

If it was a medical necessity he/she would have had this operation WAY before their 57th birthday. I have studied alot about transsexualism and although she might be suffering from Gender Identity Disorder, whats between your legs does not solely determine your sex. Many Transexuals do not even elect to have the full blown surgery. Where do we draw the line on what is cosmetic and what is necessity? It's not a medical necessity because she can still have sex, and do bodily functions with what she has. I want to get my lifted eventually, I feel its a necessity because they ruin my self esteem but I am willing to bet the IRS will rule that as cosmetic.

I agree with the IRS here. Being a transsexual does not entitle you to special priveledges most other people do not have. Get real. And should we pay for the sex change surgery that death row inmate wants? No.

 

[JBean]

Of all the tax breaks to get up in arms about, I am surprised that this one, which may save her what? a few k in taxes, is causing a stink.
She put out 25 k of hard earned money and I think to save a few bucks in taxes is reasonable.

 

[deanws]

Because people suffer from having to live in a body that does not fit their psychic sense of self. Ending their suffering is a legitimate medical goal.

Can people live with gender dysphoria? Some. People can live with back pain, too, but nobody thinks they should have to.

No....people can't live very well with back pain. Some cases can cause nerve damage and even be severe enough to cause a person to become a cripple. I don't think a sex change operation is in the same category. I have had 4 surgeries on my back with a fusion over three areas of my back. I was losing the ability to walk. So NOT in the same category!

 

[lizzybeth]

Just as someone who had to deal with permanent back pain might after a while decide that they can't live that way anymore it's the same with someone that has gender dismorphia. So many of these people end up taking their own life. Someone asked if it were that necessary why did this person wait until they were fifty-seven years old to have the operation. Well, sometimes it takes that long for the person to decide that they can't live a lie anymore. People wait because they're afraid of what their families will think. It's not a pleasant surgery and it's not an easy thing to do. Unlike a nose job you don't go in one day, have the surgery, and within a week or two you're back to normal. I don't feel it's cosmetic; it's almost like repairing a deformity that the person had since birth.
While I don't think she should be reimburse by the gov't for the surgery I don't really see any reason why she shouldn't get a medical deduction if she meets the income requirements.

 

[deanws]

Just as someone who had to deal with permanent back pain might after a while decide that they can't live that way anymore it's the same with someone that has gender dismorphia. So many of these people end up taking their own life. Someone asked if it were that necessary why did this person wait until they were fifty-seven years old to have the operation. Well, sometimes it takes that long for the person to decide that they can't live a lie anymore. People wait because they're afraid of what their families will think. It's not a pleasant surgery and it's not an easy thing to do. Unlike a nose job you don't go in one day, have the surgery, and within a week or two you're back to normal. I don't feel it's cosmetic; it's almost like repairing a deformity that the person had since birth.
While I don't think she should be reimburse by the gov't for the surgery I don't really see any reason why she shouldn't get a medical deduction if she meets the income requirements.

I do not think it is the same as repairing a deformity. A hair lip is a deformity. A sex change issue is not.

 

[JBean]

All this lady gets refunded is 5k of the taxes she has paid during the year by writing off these expenses.
There are so many different writeoffs ,bogus and otherwise.
Just to clarify she has paid for this surgery herself., She is not asking for assistance.
She is just trying to not pay taxes on 25 k of her income.Like writing off autmobile expenses.

 

[close_enough]

After reading through a couple of articles on tax deductions it seems the general gist of this is you can deduct if you need it.

"You may be able to deduct some medical care expenses if they are necessary to a particular disease. For example, the cost of adult diapers would be deductible if your elderly parent needed them as a result of a disease, such as Alzheimer's."

People also need appendectomies and bypass surgeries. I don't believe this person needs a sex change operation to cope with their problem. Let's not confuse this me saying they shouldn't get one, but I don't believe they should be able to deduct this.

agreed.....

 

[txsvicki]

This person worked and paid for the surgery. I think any, not just necessary medical expenses paid out of pocket or paid to doctors should be tax exemptions. I'm sick of the health care system and government screwing people around. Why should the doctor or hospital get richer and take lots of business and other deductions and this person not be able to get a deduction after 27,00$ was already paid. I'm suprised it didn't cost a lot more than that though unless he went out of the country.

 

[Amraann]

I think the definitive issue in determining this should be whether or not this person had the hormonal or chromosomal make up of a women before this surgery.

Upon thinking about this ..... If a person where an hermaphrodite, would anyone have a problem with her/he getting a tax break for surgery?
Keep in mind that some hermaphrodites are actually sexually functioning and with both sets of tools.. so to speak.
Would anyone consider that cosmetic?

I guess the bottom line is if there is some way to determine if this issue was more then just in her mind.
Because if it wasn't I would have to agree it was cosmetic... just like someone who wants a boob job and suffers great self esteem issues due to lack of be well endowed.

 

[deanws]

Upon thinking about this ..... If a person where an hermaphrodite, would anyone have a problem with her/he getting a tax break for surgery?

If that person had a deformity such as being a hermaphrodite, of course it should be a tax exempt situation.

I guess the bottom line is if there is some way to determine if this issue was more then just in her mind.
Because if it wasn't I would have to agree it was cosmetic... just like someone who wants a boob job and suffers great self esteem issues due to lack of be well endowed.

Exactly!

 

[poco]

Actually, why are we making this our business - it's between her/he and the IRS. Whatever happens happens. Not sure as to how I stand on this issue, but won't let it take up too much of my brain space, lol!

 

[deanws]

Actually, why are we making this our business - it's between her/he and the IRS. Whatever happens happens. Not sure as to how I stand on this issue, but won't let it take up too much of my brain space, lol!

Poco....very little of the stuff we discuss on this site is any of our business, but we are all here most everyday giving our opinion!!
:laugh: :laugh: :laugh: :laugh:

 

[Amraann]

Poco....very little of the stuff we discuss on this site is any of our business, but we are all here most everyday giving our opinion!!
:laugh: :laugh: :laugh: :laugh:

True!!

But.. I think it is our business since it affects the amount of taxes being paid into the "pool" we all derive services from.
I am not so sure that cosmetic surgery should be a tax deduction.
Maybe the mental health services provided to someone going through this..
But I am not so sure that the cosmetic aspect should be covered.

 

[czechmate7]

I only problem I have with this story is that she wants to sue the IRS....
Why is everyone so quick to sue these days????
And where would that money come from suing the IRS???(<~I hope not out of my pocket!!!):waitasec:

 

[Amraann]

I only problem I have with this story is that she wants to sue the IRS....
Why is everyone so quick to sue these days????
And where would that money come from suing the IRS???(<~I hope not out of my pocket!!!):waitasec:

Of course it will!!
DO you know of any politician who is taking a pay cut to cover lawsuits?

 

[czechmate7]

Don't get me wrong, I think she should have every right to challege or make an appeal to have the decision overturned....but to sue??? That just looks like she's out for $$$. (IMO, of course!!)