Safe harbor under I.R.C. §213 for amounts paid for condoms, the IRS provided. The determination of whether an expense is incurred for the prevention of disease, or other form of medical care under §213(d), depends upon the facts and circumstances (Stringham v. Commissioner, 12 T.C. 580, 584 (1949), the IRS stated. Depending on the specific facts and circumstances, amounts paid for condoms may or may not be considered medical expenses under §213(d), the IRS noted. [Notice 2024-71, 2024-44 I.R.B. __ (Oct. 28, 2024)]
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