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O'DONNABHAIN v. COMMISSIONER

Docket No. 6402-06.

134 T.C. 34 (2010)

RHIANNON G. O'DONNABHAIN, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Tax Court.

Filed February 2, 2010.

Attorney(s) appearing for the Case

Karen L. Loewy , Bennett H. Klein , Jennifer L. Levi , William E. Halmkin , David J. Nagle, and Amy E. Sheridan , for petitioner.

Mary P. Hamilton , John R. Mikalchus , Erika B. Cormier , and Molly H. Donohue , for respondent.

GALE, Judge:

Respondent determined a deficiency of $5,679 in petitioner's Federal income tax for 2001. After concessions,1 the issue for decision is whether petitioner may deduct as a medical care expense under section 2132 amounts paid in 2001 for hormone therapy, sex reassignment surgery, and breast augmentation surgery that petitioner contends were incurred...

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