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

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White Rain

White Rain

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BOSTON — After a tormented existence as a father, a husband, a Coast Guardsman and a construction worker, a 57-year-old suburban Boston man underwent a sex-change operation. Then she wrote off the $25,000 in medical expenses on her taxes.
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.
more at link http://www.foxnews.com/story/0,2933,289526,00.html
 
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.
 
Nova said:
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.
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I agree, but surely this person suspected this was going to be controversial? She must have known she would be a pioneer and would have to battle.
 
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.
 
Paladin said:
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.
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I do not think this is the same category as a nose job. It is indeed about brain wiring and has a phyiological base.
Cosmetics is really not even close to what this is about,IMO.
 
JBean said:
I do not think this is the same category as a nose job. It is indeed about brain wiring and has a phyiological base.
Cosmetics is really not even close to what this is about, IMO.
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It's about someone who is uncomfortable about how they look. How is that not cosmetic?
 
Paladin said:
It's about someone who is uncomfortable about how they look. How is that not cosmetic?
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I don't think that it is about how they "look".
It is more about how they feel. They feel as though they are the opposite sex and typically have felt this since birth.
My heart goes out to these people because I can only imagine what a burden it is to carry, until they can feel good about it.
Very difficult disorder.
 
Paladin said:
Does the IRS offer breaks for other disorders?

It seems they do this for physical ailments that are life threatening.
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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.
 
JBean said:
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.
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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.
 
i have always thought my tampons should be free to me. i did not chose to be born a female and in a world that demands free health care why do i have to shell out every month for tampons? also toilet paper. it was God-ordained that i poop from day one. surely this bodily function is not my fault and therefore any related expense should be covered by my health insurance.

i am not trying to be flip or make light of any situation. i really feel this way in light of the current culture. if someone says, i am pre-wired this way and my health insurance needs to cover it, then i say lets take this to the logical conclusion and pay for EVERYTHING that our pre-wired bodies consume/need to live, and by the way this would include food! my health insurance should cover my food so i can live. (i do not eat red meat so this would not be too costly:angel: ).
 
Paladin said:
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.
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I think that I am generally in favor of getting tax deductions. :)
This is a huge medical expense that is not gone into lightly. There all kinds of prerequisites to getting this surgery performed. It is not as though they can get it on a whim. I think they have to live as the other sex for an extended period of time and they must go to intense therapy. It is the real deal IMO and if they can write off some of the expense, more power to them.I have no problem with getting a medical write off whatsoever.
 
I don't think it should be deductible either. I don't feel it's medically necessary to have a sex change operation, and I don't feel the tax payers should have to pay for a non-medically necessary procedure via tax breaks.
 
izzyB said:
i have always thought my tampons should be free to me. i did not chose to be born a female and in a world that demands free health care why do i have to shell out every month for tampons? also toilet paper. it was God-ordained that i poop from day one. surely this bodily function is not my fault and therefore any related expense should be covered by my health insurance.

i am not trying to be flip or make light of any situation. i really feel this way in light of the current culture. if someone says, i am pre-wired this way and my health insurance needs to cover it, then i say lets take this to the logical conclusion and pay for EVERYTHING that our pre-wired bodies consume/need to live, and by the way this would include food! my health insurance should cover my food so i can live. (i do not eat red meat so this would not be too costly:angel: ).
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But this person is not asking for the surgery to be covered. She is asking to get a write off for the medical costs.

ETA: She is trying to write off what she paid out of pocket.
 
JBean said:
But this person is not asking for the surgery to be covered. She is asking to get a write off for the medical costs.

ETA: She is trying to write off what she paid out of pocket.
Click to expand...

and your point is....?

give me the same thing.
 
"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.
 
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