Abstract

http://ssrn.com/abstract=1778191
 


 



Using Insurance Law and Policy to Interpret the Tax Code’s Loss and Medical Expense Provisions


Andrew Blair-Stanek


University of Maryland Francis King Carey School of Law

2007

Yale Law & Policy Review, Vol. 26, p. 309, 2007

Abstract:     
Prior scholarship recognized that I.R.C. § 165 (allowing a deduction for casualty losses) and I.R.C. § 165 (authorizing a deduction for medical expenses) are a free partial insurance scheme, providing tax benefits that partially offset the losses or medical expenses. Courts have long wrestled with determining eligibility for these deductions. This Note proposes that courts should look to the well-developed body of insurance case law to interpret eligibility for these deductions. It further proposed that the government, which effectively acts as an insurer via these deductions, could raise additional revenue using subrogation, which traditional insurers have long used to partially recoup payouts.

Number of Pages in PDF File: 36

Keywords: tax, taxation, insurance, deductions, casualty loss, medical expense

Accepted Paper Series


Download This Paper

Date posted: March 6, 2011  

Suggested Citation

Blair-Stanek, Andrew, Using Insurance Law and Policy to Interpret the Tax Code’s Loss and Medical Expense Provisions (2007). Yale Law & Policy Review, Vol. 26, p. 309, 2007. Available at SSRN: http://ssrn.com/abstract=1778191

Contact Information

Andrew Ralph Blair-Stanek (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
Feedback to SSRN


Paper statistics
Abstract Views: 256
Downloads: 29

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.250 seconds