## Facts

- Raymon and Frances Gerard claimed a 1958 medical expense deduction under I.R.C. § 213 for installing central air conditioning in their home.
- The Gerards’ young daughter suffered from cystic fibrosis, a serious chronic condition impairing pulmonary ventilation and creating health risks from hot weather and irritating air conditions.
- A specialist physician advised installation of central air conditioning so the child could breathe clean, dry air and avoid environmental conditions that could worsen her pulmonary symptoms.
- The Gerards purchased and installed a central air-conditioning unit for $1,300.
- The installation was a permanent home improvement and increased the home’s fair market value by $800.
- The Commissioner disallowed the claimed deduction, determining a 1958 income tax deficiency of $333.45, and the Gerards petitioned the Tax Court.

## Issues

1. Whether the cost of installing central air conditioning in a residence on a physician’s advice for a child with cystic fibrosis constitutes “medical care” deductible under I.R.C. § 213.
2. If deductible, whether the allowable deduction must be reduced by the amount the installation increased the home’s fair market value.

## Decision

- The Tax Court held the air-conditioning expenditure was for “medical care” within I.R.C. § 213 because it was primarily to prevent or alleviate illness and was undertaken on medical advice.
- The court limited the deduction to the portion of the cost that did not increase the home’s value.
- Because the $1,300 installation increased the home’s value by $800, the allowable medical expense deduction was $500.
- The deficiency was to be recomputed consistent with the ruling.

## Legal Principles

- A permanent home improvement made primarily for medical care may qualify as a medical expense under I.R.C. § 213.
- When a medically motivated home improvement increases the property’s value, the deductible medical expense is limited to the excess of the cost over the resulting increase in fair market value.
- The taxpayer must show the expenditure’s primary purpose is medical care rather than personal comfort or general home improvement.

## Conclusion

The Tax Court treated the central air-conditioning installation as a medically necessary expenditure but allowed a deduction only for the portion representing medical cost rather than capital investment, permitting $500 (cost minus value increase) as a medical expense under I.R.C. § 213.


Gerard v. Commissioner, 37 T.C. 826 (1962)