Discussion:When are breast implants not cosmetic elective surgery?

In car accident and implants burst, necessitating surgery @ a total cost of $8,000+. Surgeon gave her a receipt for this total amount. After talking with me, she went back to surgeon and asked for detailed explanation of the surgery so that we could write off the entire amt. He then got nervous & wrote a receipt for $3500 as the necessary amount, backing out the cost of removing scar tissue and replacing the implants.

Can we deduct the full amount as necessary to get her back into the same condition she was in preceeding the accident? It was lifethreatening and necessary emergency surgery.

Goes to show that we don't have to make this stuff up, life throws in its own twists & weird tales.

KenS

         (A) In general. - The term medical care does not include
       cosmetic surgery or other similar procedures, unless the
       surgery or procedure is necessary to ameliorate a deformity
       arising from, or directly related to, a congenital abnormality,
       a personal injury resulting from an accident or trauma, or
       disfiguring disease.

California

TaxNovice - I believe Ken is asking about out-of-pocket costs. We also don't know the details of the accident and whether there will be any settlement.

Tom

Her "original" condition was something entirely different. Her breast implants were purchased property not deductible as a medical expense. I could see if she was revamped to original condition, but I think the physicians nervousness with the amount of the bill tells a story here. I think this is property loss. But I don't think it would create an audit issue, either. The waters are too muddy. I don't think it is something an auditor would want to step in. I would feel comfortable arguing the "reasonableness and necessity" of the post accident surgery.

Not trying to be insensative to the women. I'll probably have a question about penile implants next week & they can chime in then. ;))

I cannot remember a Revenue Agent, who in my opinion, would disallow a medical deduction for this kind of pain and suffering. I would take the deduction unless there is something in the Regs. that specifically says "you can't do this". I would fight for it.

How could anyone say, anyone, that there is any element of cosmetic surgery involved in this cost? Surely the first surgery was cosmetic. However this one was anything but elective.

Surgeons are tax idiots. They get a medical degree and think they know more about taxes than we do. Physicians and Attorneys make up a large percentage of collection cases. So much for good judgement about federal taxes. I for one would give little weight to the surgeons opinion of how the surgery could be allocated. The lady is lucky he did not sew his apron to her chest.