Tuesday, October 02, 2007

Lawsuit against IRS in re reassignment surgery moves forward

In July I noted a case going into tax court about Rhiannon O'Donnabhain, who underwent reassignment surgery in 2001, and listed the $25K as a medical deduction, had the deductibility disallowed by the IRS in 2003.

The case has now finished oral arguments, and Judge Joseph Gale has stated he wants briefs filed from both sides by Nov 6.

In a development that indicates that this may not be as simple as just deciding arcane developments in tax law, but seemingly has a definite political slant, one of the government witnesses was forensic psychiatrist Dr. Park Dietz, who testified that Gender Identity Disorder is not a disease. Dr Dietz has a small problem in credibility, when one reflects that he was the same doctor who testified that Andrea Yates had apparently seen an episode of the TV series "Law and Order" that depicted a woman who had an insanity defense after drowning her children. The problem, however, was that no such episode of Law and Order had ever aired.

Dietz's credibility was challenged by the lawyer for Ms. O'Donnabhain in open court.

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