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

[JBean]

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!!)

HI Czech. She is settliing her dispute Tax court, which is where disputes such as this are intended to be settled. She has to challenge the code.
At least I think she is. My impression is she is trying to get the code changed and keep her 5 k refund of her taxes paid in:

>>But the IRS disallowed the deduction — ruling the procedure was cosmetic, not a medical necessity — in a potentially precedent-setting dispute now before the U.S. Tax Court.
Rhiannon O'Donnabhain is suing the IRS in a case advocates for the transgendered are hoping will force the tax agency to treat sex-change operations the same as appendectomies, heart bypasses and other deductible medical procedures. The case is set to go to trial July 24.<<

 

[czechmate7]

HI Czech. She is settliing her dispute Tax court, which is where disputes such as this are intended to be settled. She has to challenge the code.
At least I think she is. My impression is she is trying to get the code changed and keep her 5 k refund of her taxes paid in:

But the IRS disallowed the deduction &#8212; ruling the procedure was cosmetic, not a medical necessity &#8212; in a potentially precedent-setting dispute now before the U.S. Tax Court.
Rhiannon O'Donnabhain is suing the IRS in a case advocates for the transgendered are hoping will force the tax agency to treat sex-change operations the same as appendectomies, heart bypasses and other deductible medical procedures. The case is set to go to trial July 24.

Thanks Jelly...I read the article and it didn't go into detail so I wasn't sure....
I'm really sitting on the fence with this issue......I can see both sides...

 

[JBean]

Thanks Jelly...I read the article and it didn't go into detail so I wasn't sure....
I'm really sitting on the fence with this issue......I can see both sides...

As I say, I am almost always in favor of a decent, honest tax deduction.
They made the med write off much harder to get in the past 20 years,(you have to spend A LOT) so that if she has met the required expense amount, I wouldn't deny her the write off. It is a lot of money she has paid to get the write off. Upshot is she gets refunded 5 k of the money she paid in during the year.
So what? IMO.
This doesn't strike me as a case of trying to take advantage of the system as we see so often.

IMO, this is a move for change more than it is about the money.

JMHO of course.

 

[deanws]

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 is!

:bang:

 

[Nova]

Hrmmm, this has the potential to be an epic thread.

I disagree with Nova. This would open a whole can of worms. I believe there's quite a difference between physical and mental pain. Say someone has a big nose, and that they want a nose job, what you're proposing would allow for any cosmetic change just to make someone feel better.

They can pony up the money themselves for the procedure or they can learn to live with the hand they were dealt.

How compassionate of you, and how easy to say when it doesn't affect you.

Psychotherapy is already deductible, in fact all sorts of treatment for mental dysfunctions are deductible, so the threshold for allowable medical expenses is NOT physical rather than mental anguish. And in fact, if the same person skips the operation and spends a lifetime with psychiatrists, both her sessions and her medical prescriptions will not only be deductible, but will soon add up to more than the operation.

As for rhinoplasty (and, by extension, plastic surgery), perhaps there is a necessary distinction between surgery that corrects a debilitating dysphoria and that which corrects something that merely troubles the vanity.

But if so, that distinction should be made by trained medical professionals, not IRS agents.

 

[Nova]

They probably give breaks for surgical expenses that are related to other disorders.
This is about meeting the rquirements for the medical expenses deductions, doesn't matter if it is life threatening or not.

Very nearly ALL medical expenses are deductible once they reach a certain amount relative to your income. Apparently, "cosmetic" surgery is disallowed, but, as you point out, gender reassignment is NOT "cosmetic" surgery.

 

[Nova]

I can't believe there is even a debate here.

With all the tax breaks given to wealthy corporations, tax shelters provided for wealthy individuals, government subsidies to "gentleman" farmers and large agri-business concerns, we begrudge a transsexual her life-changing operation?

Jeeze, Louise, people can be heartless! :furious:

 

[Nova]

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.

Sorry, JBean. I hadn't seen your post. You said it much more politely than I.

 

[Nova]

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!

I'm sorry about your back trouble. That is indeed terrible. (My own problems can't compare with yours, but I've lived with a couple of herniated disks for 20 years.)

And of course your expenses should be tax deductible. But my point was merely that back pain isn't usually fatal.

You don't know what you are talking about, however, with regard to gender reassignment. Gender dysphoria can be just as crippling.

 

[JBean]

I can't believe there is even a debate here.

With all the tax breaks given to wealthy corporations, tax shelters provided for wealthy individuals, government subsidies to "gentleman" farmers and large agri-business concerns, we begrudge a transsexual her life-changing operation?

Jeeze, Louise, people can be heartless! :furious:

Exactly Nova.

Sorry, JBean. I hadn't seen your post. You said it much more politely than I.

I was beginning to think I was all alone. You said it perfectly.

 

[Nova]

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

It certainly IS a deformity if you are trapped in a body of the wrong sex.

 

[JBean]

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.

Great point about mdical expenses in general.
Regarding the 25 k. I don't think that is all she paid.
I think that may have been the amount that is eligible to be written off based on income and other variables that factor into the medical tax write offs.
So I would guess she probably paid much more, but was trying to write off the percentage that is legally acceptable.

 

[lizzybeth]

It certainly IS a deformity if you are trapped in a body of the wrong sex.

Nova, I agree with everything you've said. I don't think unless you've lived it or had a love one live it you can totally understand what these people go through and exactly what makes them what and how they are. Funny how some people are only compassionate when it deals with their own problems.

There are more and more studies being done all the time. For everyone that doesn't think it's a medical neccessity maybe you should read up on it.

http://abcnews.go.com/2020/story?id=3088298

 

[czechmate7]

Nova, I agree with everything you've said. I don't think unless you've lived it or had a love one live it you can totally understand what these people go through and exactly what makes them what and how they are. Funny how some people are only compassionate when it deals with their own problems.

There are more and more studies being done all the time. For everyone that doesn't think it's a medical neccessity maybe you should read up on it.

http://abcnews.go.com/2020/story?id=3088298

Lizzy~
Sorry for getting (somewhat) OT, but....
Although I didn't read the entire article something about the story doesn't sit right with me...what 2 year old ask a parent when is a fairy going to come down with a magic wand to change their genitalia? Then claim the child (@15mths) tried to take his onsie into a dress? I didn't think children that young identifed with their sexuallity on that kind of a level (without being influenced). Since the couple had twin boys, maybe the mother was subconciously(sp?) treating him more like a little girl...

 

[JBean]

Lizzy~
Sorry for getting (somewhat) OT, but....
Although I didn't read the entire article something about the story doesn't sit right with me...what 2 year old ask a parent when is a fairy going to come down with a magic wand to change their genitalia? Then claim the child (@15mths) tried to take his onsie into a dress? I didn't think children that young identifed with their sexuallity on that kind of a level (without being influenced). Since the couple had twin boys, maybe the mother was subconciously(sp?) treating him more like a little girl...

this was an interesting thread:

http://www.websleuths.com/forums/showthread.php?t=40708&highlight=transgender

 

[czechmate7]

this was an interesting thread:

http://www.websleuths.com/forums/showthread.php?t=40708&highlight=transgender

Should have figured this topic had already been covered!!! LOL

 

[Rino]

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.

You keep making that point as if those who disagree are ignorant of the facts. A write off is a deduction of what you owe, cut and dry. Or less cut and dry a refund of sorts.

Do people who go through lipo get write offs?

 

[Nocgirl]

"It certainly IS a deformity if you are trapped in a body of the wrong sex."




But it is not a medical necessity. It took this person almost 40 years from adulthood to figure out they were trapped in the wrong body?

I am all for somebody changing sexes althought I think its ridiculous they do it at such a late stage in their life, but to expect it to be tax deductible is not reasonable.

 

[Nova]

You keep making that point as if those who disagree are ignorant of the facts....

They are. As you so eloquently demonstrate with the rest of your post:

Do people who go through lipo get write offs?

 

[JBean]

You keep making that point as if those who disagree are ignorant of the facts. A write off is a deduction of what you owe, cut and dry. Or less cut and dry a refund of sorts.

Do people who go through lipo get write offs?

I read several times that she was asking for assistance with her health care costs. I was trying to clarify. I am so sorry if you took offense to that.
But, while a write off is a reduction in taxable income which results in a decrease in what you owe, that may or may not result in a refund.