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Would the cost of elective surgery be deductible; the surgery in question is gastric banding (a weight-loss procedure for the morbidly the obese)which my health insurance will not cover without first having either diabetes, high blood pressure, kidney problems etc.

Thank You

X. XXXXXXXXXXX

Edited by X. XXXXXXXXXXX on 7/10/2004 at 1:41 AM

Submitted: 1961 days and 17 hours ago.

Category: Tax

Value: $5

Status: CLOSED

Accepted Answer

Elective surgery, as a rule, is not deductible. However, there is a new ruling regarding obesity. It must be diagnosed by a doctor, and it is defined as 20% or more over ideal body weight.

This ruling has been applied to special diets and medications subscribed by a physician. I have seen nothing yet for surgery ordered by a physician.

Until there is a ruling specifically for surgery ordered by doctor, this will be a gray area. As long as it's "elective", I wouldn't try it; but if it's ordered by a doctor who has diagnosed you as clinically obese, then you can try claiming it.

Accepts:
Expert:	Paul Taliefero
Pos. Feedback:	97.9 %
Answered:	7/10/2004

Enrolled Agent

19 years of experience in income taxes

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