IRS facing sex change suit

[ASUADPi]

BOSTON - After a tormented existence as a father, a husband, a Coast Guardsman and a construction worker, a 57-year-old suburban Boston man underwent a sex-change operation. Then, she wrote off the $25,000 in medical expenses on her taxes.

But the Internal Revenue Service disallowed the deduction, ruling that the procedure was cosmetic, not a medical necessity, in a potentially precedent-setting dispute now before the U.S. Tax Court.

Rhiannon O'Donnabhain is suing the IRS in a case advocates for the transgendered hope will force the tax agency to treat sex-change operations the same as appendectomies, heart bypasses and other deductible medical procedures. The case is set to go to trial July 24.

http://www.azcentral.com/news/articl...hange0717.html



I have absolutely no problem with people having sex change operations but seriously since when would you consider a sex change operation the same as an appendectomy or heart bypass.

The last time I checked an appendectomy and a heart bypass can save a person's life. A sex change operation doesn't. A sex change operation, IMPO, is purely a personal choice plastic surgery.

I'm sorry, I might sound like a bitch, but you don't deserve a tax write off for a surgery that you are choosing to do.

I've had an emergency appendectomy, I sure as hell didn't choose to have one. My grandfather had to have a quadruple bypass, he didn't choose to have one.

I truly hope this lawsuit gets thrown out.

[OneTimeSBX]

uh, yeah. no type of cosmetic surgery should be written off on taxes, unless perhaps it was repairing something from an accident, or cancer, etc.

i applaud her for taking such a big step and becoming what she truly was meant to be, but come on now...

[neosoul]

what classifies as cosmetic surgery? something you choose to have...?

ETA: and who is the IRS to say what is and what isn't medically necessary?

[Tom Earp]

Isn't it a typical IRS response? They are more kindlier and friendlier now are they not?

Is it cosmetic or a physcological surgey?

[ASUADPi]

This person had the sex change to feel better about himself (since it was male to female). The surgery was not life saving.

As for cosmetic surgery, I believe there is gray area. My aunt had to have a masectomy and then reconstructive surgery. She definately deserved the write off since she was fighting breast cancer. But that is my personal opinion.

This is over someone who is choosing to participate in cosmetic surgery to make themself feel better about themself. IMPO.

[ASUADPi]

Originally Posted by Tom Earp

Isn't it a typical IRS response? They are more kindlier and friendlier now are they not?

Is it cosmetic or a physcological surgey?

I think they called it cosmetic.

[33girl]

Well, one of the times that cosmetic surgery is write off-able (according to the article) is to correct a congenital abnormality or a disfiguring disease. In the eyes of many people who have sex changes, their bodies ARE "disfigured" and "abnormal" because they're the wrong gender. To live in the wrong body causes them mental pain and suffering.

Not saying whether I agree or disagree with this, just that this is the argument that'll probably be used.

[neosoul]

Originally Posted by ASUADPi

This person had the sex change to feel better about himself (since it was male to female). The surgery was not life saving.
As for cosmetic surgery, I believe there is gray area. My aunt had to have a masectomy and then reconstructive surgery. She definately deserved the write off since she was fighting breast cancer. But that is my personal opinion.

This is over someone who is choosing to participate in cosmetic surgery to make themself feel better about themself. IMPO.

and you know that because...? It is not an easy decision to make, and it's not about making yourself feel better. Constantly taking hormones and check-ups doesn't sound like fun to me

[honeychile]

Originally Posted by 33girl

Well, one of the times that cosmetic surgery is write off-able (according to the article) is to correct a congenital abnormality or a disfiguring disease. In the eyes of many people who have sex changes, their bodies ARE "disfigured" and "abnormal" because they're the wrong gender. To live in the wrong body causes them mental pain and suffering.

Not saying whether I agree or disagree with this, just that this is the argument that'll probably be used.

But wouldn't that fall under hemaphrodites, or when a circumcision went wrong (remembering an old Law & Order)?

We're having the same troubles with Blue Cross, with different medications. One of them is Singulair - which helps you breathe? I know it's a really bad habit, but I try to breathe every day, and Blue Cross won't cover the meds. I could go on and on with that one!

[AlphaFrog]

Originally Posted by neosoul

and you know that because...? It is not an easy decision to make, and it's not about making yourself feel better. Constantly taking hormones and check-ups doesn't sound like fun to me

It's still a choice.

As far as I'm concerned, this is a problem that can be treated two different ways - physically (sex change surgery) or psychologically (counseling, therapy, anti-depressants). I don't believe people are really "born in the wrong body"...I do believe people end up with psychological problems that cause them to think they are the opposite sex.

[kstar]

Originally Posted by ASUADPi

This person had the sex change to feel better about himself (since it was male to female). The surgery was not life saving.

Tell that to the transgendered person. Her life might not have been in physical danger, but mental anguish and depression from being born the wrong gender severely affects her quality of life.

[33girl]

Originally Posted by honeychile

But wouldn't that fall under hemaphrodites, or when a circumcision went wrong (remembering an old Law & Order)?

Some hermaphrodites choose to live as hermaphrodites - i.e. they avoid identifying as one sex or the other as much as possible and believe babies shouldn't be operated on at birth.

Re the circumcision, that's obviously "disfiguring" if you screw up the penis and corrective surgery would be covered. The "nurture vs nature" that a boy can be raised as a girl (i.e. the L & O ep) has been proven to be a lot of hooey.

[OneTimeSBX]

Originally Posted by AlphaFrog

I don't believe people are really "born in the wrong body"...I do believe people end up with psychological problems that cause them to think they are the opposite sex.

i can see where you are coming from, BUT there are so many mental disorders...just watch "medical incredible" or "mystery diagnosis"...

there are people who sleep-eat. there are savants who cannot function in daily life but can sculpt fascinating works. ever heard of narcissistic personality disorder?

if a person can be born with these mind boggling diseases and illnesses, why couldnt someone be born and feel they are in the wrong body? true, some could be developed over time, but some of the most profound cases were from people who said they knew as kids.

[KSig RC]

Originally Posted by ASUADPi

This person had the sex change to feel better about himself (since it was male to female). The surgery was not life saving.

As for cosmetic surgery, I believe there is gray area. My aunt had to have a masectomy and then reconstructive surgery. She definately deserved the write off since she was fighting breast cancer. But that is my personal opinion.

This is over someone who is choosing to participate in cosmetic surgery to make themself feel better about themself. IMPO.

Wait - so that kind of "reconstruction" to "feel better about herself" (since, after all, there's no physical reason for her to need a fake breast, right?) should be covered?

Even though it has no effect on the actual cancer at all?

Doesn't a sex change have far more direct influence on things like depression and quality of life?

I think you're showing quite a bit of bias here.

Originally Posted by AlphaFrog

It's still a choice.

As far as I'm concerned, this is a problem that can be treated two different ways - physically (sex change surgery) or psychologically (counseling, therapy, anti-depressants). I don't believe people are really "born in the wrong body"...I do believe people end up with psychological problems that cause them to think they are the opposite sex.

I don't know enough about the transgendered, but I think your conclusion that the second form of treatment is equally effective as the first is an open point of dispute.

Also, while you might not believe people are "born in the wrong body," might it even be conceivable that a sex change surgery is an effective 'treatment' for the important psychological issues you believe contribute?

Seriously, it's a $25k medical write-off - the IRS should probably stay out of this dispute all together by allowing it.

[James]

They weren't born the wrong gender. They are unhappy with their gender to the point of pathology. Thats a difference.

I don't especially care if its a write off or not. People that collect taxes and people that increase taxes are bottom feeders anyway.

Originally Posted by kstar

Tell that to the transgendered person. Her life might not have been in physical danger, but mental anguish and depression from being born the wrong gender severely affects her quality of life.