Keep the Change

Written by Elizabeth CochrancloseAuthor: elizabethcochran Name: Elizabeth Cochran
Email: egcochran@gmail.com
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About: Elizabeth works in fashion in New York City, for a rock star.See Authors Posts (12) on February 8, 2010

It’s David versus Goliath, new millennium style.

On February 2, Rhiannon O’Donnabhain, former man, coast guard sailor and construction worker won a potentially historic case against the IRS. In 2001, she claimed $5000 worth of medical deductions from $25,000 in costs incurred during a sex-change operation. The IRS initially allowed the claim and then reneged, initiating an audit.

Instead of returning the money to the IRS, O’Donnabhain chose to sue them, on the grounds that medical expenses for many other diagnosed diseases are deductible, and Gender Identity Disorder (which she was diagnosed with) is just as serious and legitimate as appendicitis and heart disease, both of which allow for deductions. In fact, the battery of tests and proof that must be found before someone can be diagnosed with this disorder is staggering.

The Gay & Lesbian Advocates & Defenders represented her, first filing suit in 2007 and finally winning the case February 2, 2010.

At first glance, this case may seem frivolous or ridiculous. It may make you laugh or roll your eyes. It may inspire tasteless (but often hilarious) jokes. But I say it’s a step in the right direction. Any time the U.S. government is forced to let a citizen keep some of his (or her) own money is a victory – especially in today’s environment.

In fact, I think people should be able to deduct medical expenses for any surgical procedures they choose to have – cosmetic or otherwise. Why discriminate? It’s like hate crime. Why are some crimes more punishable depending on whom they happened to?

An interesting assessment of this case is contained in a choice the following from an October 1, 2007 article in the Washington Post. The last sentence is particularly relevant today.

“If you have bunions on your feet and it makes it hard for you to walk, that’s covered, but something as broad-based as gender identity disorder is not?” said Bennett Klein, a GLAD lawyer representing O’Donnabhain. “I think what’s clear here is that the IRS is making a political decision on what should have been an obvious medical deduction. You can’t set different standards for a person’s health; IRS agents should not be in a position of second-guessing health-care professionals.”

IN-TER-EST-ING… So government groups that aren’t well versed in medical issues should not be making decisions on what kind of care people receive.
What a novel concept.

The more deductions allowed on one’s tax return, the more spending is encouraged. First of all on the item that can be deducted and secondly with tax refunds. That’s all that’s going to pull us out of this recession – allowing people to have control of their own money and spend it how they see fit. Be it on sex change operations or new shoes to go with said operations, people should be allowed to keep more of their money and decide what to invest it in.