kwbo
Returning Member

Deductions & credits

I have seen so many conflicting post that it’s hard to make an informed decision. What about this post from 2020? Also xmasbaby0 response was the same as this one. Both said it could be done. 

Can you deduct medical expenses paid by someone else?

I paid my son's medical expenses directly to his provider. Can he deduct these expenses on his tax return since those payments were a gift from me? I found some info online that said he can deduct them but wondering if anyone has done this before. He is not my dependent, files his own tax form

 
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Employee Tax Expert
‎March 4, 2020 7:51 PM
 
 

 

Yes. It is likely your son can deduct the medical expenses. Per the case, Lang v. Commissioner of the Internal Revenue, if you paid the expenses and had no legal obligation to do so, they can be considered a gift from you, and allow your son to deduct the expenses in the year paid.

 

In the Judith Lang case, Ms. Lang's mother paid her medical expenses and real estate taxes. Ms. Lang was not a minor. The Tax Court ruled that in effect the amount was a gift to the daughter, and deductible by the daughter as if she had paid it herself.

 

A key point in the case was “petitioner [Judith Lang] was not a minor, and Mrs. Field [Judith Lang’s mother] was not legally obligated to pay petitioner’s expenses.”  If Mrs. Field was obligated to pay the expenses, then her daughter may not have been able to deduct them, as they wouldn’t have been a gift. This would, for example, deny a deduction to a custodial parent for child support if it is legally required to be paid due to a divorce decree by the other parent.

 

Lang v. Commissioner of Internal Revenue

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