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

36 Pages Posted: 6 Mar 2011  

Andrew Blair-Stanek

University of Maryland Francis King Carey School of Law

Date Written: 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.

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

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: https://ssrn.com/abstract=1778191

Andrew Blair-Stanek (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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