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sabooks
Level 2
September 27, 2021
Solved

Donations

  • September 27, 2021
  • 2 replies
  • 16 views

I have a client who just had a baby with Downs Syndrome, the baby has medical problems.  A bank account was setup after people in the community started donating money to be used for the baby's medical expenses.  Does the parents have to claim this as income since it will be used for the baby's medical expenses?

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Best answer by BobKamman

No, gifts are not income.  Yes, they can deduct the amounts received anyway as medical expenses, if that is how they are used.  (See the 2010 Tax Court decision, Judith Lang, T.C. Memo. 2010-286.)

2 replies

BobKamman
BobKammanAnswer
Level 15
September 28, 2021

No, gifts are not income.  Yes, they can deduct the amounts received anyway as medical expenses, if that is how they are used.  (See the 2010 Tax Court decision, Judith Lang, T.C. Memo. 2010-286.)

sabooks
sabooksAuthor
Level 2
September 28, 2021

So they do not have to include this on their taxes?

IRonMaN
Level 15
September 28, 2021

No, they don’t have to report it

Slava Ukraini!
joshuabarksatlcs
Level 9
September 28, 2021

Code Section 102

(a) General rule

Gross income does not include the value of property acquired by gift, bequest, devise, or inheritance.

 

If the facts and circumstances are such that the funds received are in the nature of gifts, they not NOT taxable.  The usage (for medical expenses) is not relevant in this determination.  E.g.  if the funds are used for clothing or education, the receipts are still non taxable.. 

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