Court allows tax deduction for woman’s sex-change

[Butterfly]

Court allows tax deduction for woman's sex-change
Boston Herald
By Associated Press
02 February, 2010


http://news.bostonherald.com/news/regional/view/20100202court_allows_tax_deduction_for_womans_sex-change/srvc=home&position=recent


The U.S. Tax Court has ruled that a Massachusetts woman should be allowed to deduct the costs of her sex-change operation.

[sarahb]

So does this mean I could claim SRS as a medical deduction when I file my taxes for the 2010 tax year?!? I guess it's worth a try at this point, since now there's a sort of precedent from this case.

Also, I wonder if this ruling will affect in any way the predisposition that SRS is "cosmetic" and not "medically necessary." Let's hope so! Maybe this will finally get insurance companies to cover it (not holding my breath).

~Sarah

[Dawn D.]

In my not so legal opinion, that is what it should mean!


Dawn

[Flan]

http://www.glad.org/work/cases/in-re-rhiannon-odonnabhain/

Victory! On February 2, 2010, the U.S. Tax Court issued an important decision in O'Donnabhain v. Commissioner of Internal Revenue, ruling for the first time that treatment for gender identity disorder qualifies as medical care under the Internal Revenue Code, and is therefore deductible.

[sarahb]

Well, I have told my tax guy to deduct my medical expenses for FFS last year! And next year I'm going to deduct my SRS expenses for this year! If the IRS chases me down I'll fight it like she did. No more sitting on the sidelines!

~Sarah

[tekla]

All deductions are legal until the IRS calls you on them.  But I would think a medical expense is medical expense, and therefor deductible. 

But, in order to benefit from this, you do have to make enough money to do an itemized return.

[sarahb]

But, in order to benefit from this, you do have to make enough money to do an itemized return.

I don't think that'll be a problem ;-) we'll see how it works out.

[Butterfly]

U.S. Tax Court Rules in Favor of Transsexual Woman
Filed by: Keri Renault
February 3, 2010 4:00 PM


http://www.bilerico.com/2010/02/us_tax_court_rules_in_favor_of_transsexual_woman.php


Rhiannon O'Donnabhain finally got the tax break she deserved from the IRS in 2001.

Tuesday, Federal Tax Court ruled in favor of the petitioner, a transsexual woman in the landmark case of O'Donnabhain v. Commissioner of Internal Revenue. The favorable ruling opens the doors wide to tax equality for transgender Americans.

Citing protocol from Harry Benjamin/WPATH Standards of Care and DSM-IV, the court ruled that medical treatment for gender identity disorder (GID) qualifies as tax deductible medical care under the Internal Revenue Code
Post Merge: February 03, 2010, 05:06:47 PM
Also from Pam's House Blend


http://www.pamshouseblend.com/diary/15089/press-release-glad-wins-case-vs-irs-on-sex-reassignment-deductions