Question

11.2 Can a Swimming Pool Be a Deductible Medical Expense? Finding and Analyzing the Relevant Code Sections and Regulations and a Relevant Revenue Ruling Facts: Your clients, Holly and Greg Orman, are a married couple with two young sons, Blake (age 6) and Jonah (age 4). In late 2014, the Ormans learned that Blake has a medical condition that makes his muscles very weak. In addition to prescribing physical therapy that will include exercises to strengthen Blake's muscles, Blake's doctor suggested that swimming regularly could greatly improve Blake's muscle strength. The Ormans live in a rural area far from any public swimming pool. They are considering installing a swimming pool in the backyard at their house. However, the Ormans would like to know whether the cost of installing a swimming pool may be deductible as a medical expense for federal income tax purposes. Required: First step: Identify and properly cite the Code sections and regulations that discuss the deductibility of medical expenses. Indicate whether and, if so, where, they indicate whether the cost of a swimming pool may be deductible as a medical expense. Second step: Find and review a relevant Revenue Ruling that involves the issues of whether the cost of a swimming pool may be deductible as a medical expense. Provide a proper citation for the Revenue Ruling. Briefly describe the facts of the ruling and the IRS's reasoning and conclusion(s). Indicate whether you think the IRS would reach the same conclusion(s) in the Ormans' situation and why or why not.

Answer 1

First step: Identify and properly cite the Code sections and regulations that discuss the deductibility of medical expenses

Publication 502(2017), section 213 of the Code. Rev. Ruls. 54-57, 1954-1 C.B. 67 and 59-411, 1959-2 C.B. 100 modified discuss the deductibility of medical expenses

Indicate whether and, if so, where, they indicate whether the cost of a swimming pool may be deductible as a medical expense

The publication do not explicitly mentions about the deductibility of cost of swimming pool. however on Pg no. 6 of the publication , under the heading Capital Expenses, conditions on allowability of deduction of medical expenses have been given.

Second step: Find and review a relevant Revenue Ruling that involves the issues of whether the cost of a swimming pool may be deductible as a medical expense

Haines v. Commissioner, supra, discuss about the rulling. Yes, the rulling shall apply to the case.