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Zenith
02-03-2010, 02:06 PM
Huge news, yesterday a ruling in the O Donnabhain case came in, SRS is tax deductable!!!!!
link...www.lgbtbar.org

My lawyer sent it to me....on the link go to the lower left...

DonnaT
02-03-2010, 02:28 PM
The IRS must now accept the necessary surgery as a medical deduction.

Breast augmentation (BA) and electrolysis may not be covered.

The decision provides an exception regarding BA. The decision denied the deduction because she had nice breasts. If a doctor determines that BA is necessary to the meaningful proper function of the body, then it can be deducted, apparently. See last paragraph on page 62 of the decision.

Seems the footnote at 52 (page 63) may even provide the means to claim hair removal treatments and FFS, if a doctor's prognosis is worded correctly?

Katesback
02-03-2010, 02:33 PM
Yea I saw that. I last week regardless of what the taxes said threw in my expenses for FFS last year. As far as I am concerned it is a deduction.

So ya counthing the days sis?

That long wait for SRS was soooo bad. Add to it the going off hormones before surgery and damm I am glad its all done!!!!

Katie

Zenith
02-03-2010, 02:47 PM
Yea I saw that. I last week regardless of what the taxes said threw in my expenses for FFS last year. As far as I am concerned it is a deduction.

So ya counthing the days sis?

That long wait for SRS was soooo bad. Add to it the going off hormones before surgery and damm I am glad its all done!!!!

Katie

Well now you are sure to get it...

And Bowers does not require you to go off hormones only to drop to your post op dose 2 weeks before.

CharleneT
02-03-2010, 03:57 PM
Hey, now that is GREAT news !!!!

WOW ... what a wonderful thing for the courts to do.


:tw: . :ch: . :tw:

SuzanneBender
02-03-2010, 09:55 PM
Let me dig out my pro's and con's list so I can add another pro to the list. Yippie!

Now I just need to figure out how to dump 50K into my medical savings account if I every get to the point of some of you gals!

Julie have you started keeping track of the days yet?

Zenith
02-03-2010, 10:08 PM
...Julie have you started keeping track of the days yet?

Oh yeah...:battingeyelashes:...so much to do...and I can prolly afford the trachea shave too...this is way to good to be true...:)

melimelo
02-04-2010, 12:08 AM
I find it especially interesting that the Tax Court employed the terms "non-cosmetic, medically necessary healthcare". This might create a precedent with medical insurance companies to force them to cover SRS.

Something to think about... :daydreaming:

TerryTerri
02-04-2010, 12:22 AM
I find it especially interesting that the Tax Court employed the terms "non-cosmetic, medically necessary healthcare". This might create a precedent with medical insurance companies to force them to cover SRS.
Something to think about... :daydreaming:

Add in HRT and the recurring lab work!!!!!!!!

Keep those fingers, toes, legs, and whatever else crossed!!

Kimberly Marie Kelly
02-04-2010, 09:40 PM
If you approach your insurance company or benefits dept and mention this case they may decide to let you have the surgery rather than risk a possible lawsuit. It would be easier to Pay for the benefit than to fight it.. Just a thought.

Otherwise this news is great news, hopefully the IRS won't appeal the case. Kimberly Marie Kelly :battingeyelashes::daydreaming:

Melissa A.
02-05-2010, 04:31 AM
That's wonderful...another small step in the right direction. My therapist seems to think I have a shot at getting SRS covered by my insurer because of the way my case has been handled and has progressed. Would be nice, but I'll still have to come up with the amount up front, from what I understand. Anything that helps removes the stigma of "elective" is great, welcome news.

Hugs,

Melissa:)

Nicole_P
02-05-2010, 06:43 PM
What about adam's apple surgery?

Zenith
02-05-2010, 10:53 PM
What about adam's apple surgery?

Since it's not an enhancement but an obviously male trait that needs to be removed, I would think it's included...I plan to have it with my SRS...

Nicole_P
02-06-2010, 12:27 PM
Thanks Julie! :) Looking good BTW!

WandaRae2009
02-13-2010, 01:25 PM
Remember it is not too late, if you paid for a procedure in the last three years, and due to this case you think it may be deductible, you can file an amended return. Just list the case reference on the 1040x. You may also have to get a letter from the DR validating the medical need.

Myojine
02-26-2010, 01:24 PM
Huge news, yesterday a ruling in the O Donnabhain case came in, SRS is tax deductable!!!!!
link...www.lgbtbar.org

My lawyer sent it to me....on the link go to the lower left...

i just smiled from ear to ear...

Teri Jean
02-26-2010, 01:59 PM
Melissa, I checked with my carrier and the SRS and breast implants are covered but not the FFS or the adam's apple. My insurer has already been paying for my therapy sessions and now my HRT starting in a few days.

Thanks for the tip Zenith.

Suzy Harrison
02-26-2010, 10:04 PM
I'm afraid here in upside down land we don't get any tax rebate for SRS. Presently I'm considering which bank I'm going to rob to fund it all - so I don't really expect a tax rebate as well...........oh well....