Monday, September 25, 2017

Kevin Newsom's first published opinion

Eleventh Circuit Judge Kevin Newsom penned his first published opinion, and it looks like the 11th added another interesting writer.  From the opening paragraph:

This is a tax case. Fear not, keep reading. In determining whether the IRS properly denied a taxpayer’s claimed deduction on his 2011 return, we must decide two important and (as it turns out) interesting questions. First up: Was the money that a homosexual man paid to father children through in vitro fertilization—and in particular, to identify, retain, compensate, and care for the women who served as an egg donor and a gestational surrogate—spent “for the purpose of affecting” his body’s reproductive “function” within the meaning of I.R.C. § 213? And second: In answering the statutory question “no,” and thus in disallowing the taxpayer’s deduction of his IVF-related expenses, did the IRS violate his right to equal protection of the laws either by infringing a “fundamental right” or by engaging in unconstitutional discrimination? We hold that the costs of the IVF-related procedures at issue were not paid for the purpose of affecting the taxpayer’s own reproductive function—and therefore are not deductible—and that the IRS did not violate the Constitution in disallowing the deduction. 


Anonymous said...

And to be decided the day before "World Contraception Day". Ps, congrats on the DBR article and a solid win!

Anonymous said...

surprised you didnt note that cj fam was on panel