:evilgrin:
http://taxprof.typepad.com/taxprof_blog/2010/08/dont-bogart-.htmlDon't Bogart That Deduction: IRS Says Marijuana Is a Medical Expense
Following up on yesterday's post, which noted, based on an article in yesterday's Wall Street Journal (and an IRS Publication and MSNBC article), that folks living in states that have legalized medical marijuana cannot use their health care flexible spending accounts to purchase the marijuana with pre-tax dollars because marijuana is still illegal under federal law. But reader Roger E. McEowen (Leonard Dolezal Professor in Agricultural Law and Director of the Center for Agricultural Law and Taxation, Iowa State University) notes that the IRS last month released a letter to Sen. Chuck Schumer (Info. 2010-0080) sanctioning the treatment of marijuana as a medical expense:
I am responding to your letter, dated March 3, 2010, on behalf of your constituent, _____,
asked whether the cost of an herb prescribed by her doctor to treat migraine headaches qualifies as a medical care expense for purposes of her health care flexible spending account. ...
The cost of an herb may be an expense for medical care if the taxpayer can substantiate that he or she:
Has a medical condition (disease, illness or injury);
Is purchasing the herb to treat or alleviate the medical condition;
And would not have purchased the herb “but for” the medical condition.