Alan wrote: : On 12/20/10 10:04 AM, W. Baker wrote: : > As I wroe in my last post, my husband died this yer. he had a hearing : > aid, which had originally cost over $4,000 2 years ago. This hearing aid : > was lost by the nursing home he was in for rehab(don't ask!). It was : > replaced under warranty for $400 dollars. About 1 month after he got the : > replacement he died. I donated this practically brand new hearing aid to : > a legitimate charitable organization that helps peope with hearing : > problems. My question is can I deduct $4,000 as the hearing aid was : > actually new? Can I deduct the $400 , the warranty cost or What? As the : > hearing aid had approximtely a three year life, had he still had the old : > one, I might have thought to deduct $1,300 but this is actually a brand : > new one. : >
: > HELP! : >
: > Wendy Baker : >
: Used hearing aids are worth a lot less then what one pays for them. As : such, a disposition at fair market value (FMV) would not generate a : capital gain. So, we are not dealing with a capital asset. Therefore, : the amount one can deduct is the lesser of FMV or adjusted cost basis.
: Let's start with your adjusted cost basis. You inherited the item in : 2010. Under the estate tax law that existed at the time of death, you : could choose to accept the item at its cost basis or elect to step it : down to FMV on the date of death. Under the new tax law the hearing aid : would be stepped down to FMV. You either have an item with a basis of : $4400 or a basis equal to a lower FMV.
: As the amount you can deduct is the lesser of FMV or your adjusted cost : basis on the date of contribution and the date of contribution was real : close to the date of death, one can say that the answer is going to be : the FMV of the hearing aid on or about the date of death.
: I was asked once before how one would obtain the FMV of a used hearing : aid, especially one that is custom fitted. (I assume that for $4000 this : aid was probably molded to the shape of his ear.) A custom fitted aid : would have to be returned to a manufacturer or repair center with a new : mold and the interior electronics removed and placed inside the new : fitted piece. Given this cost, plus a limited market for used aids, the : FMV would probably be a very small percentage of retail value. If it was : a behind the ear (BTE) type, then a good cleaning and possible : replacement of the ear insert would not cost that much. There is still a : limited market. Its fair market value would be a higher percent of : retail then any of the in the ear types.
: I could only find one place that had a market for selling used hearing aids. :
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: So what I am telling you is that the amount you can deduct is its FMV at : the time of contribution. You said he had received it one month before : he died. As such, it is a used hearing aid. Even if it was still in the : box and had never been worn, you would still be limited to FMV. FMV is : what a willing buyer would pay a willing seller with both having : knowledge of all of the relevant facts surrounding the sale. It's going : to be some number considerably less than $4000.
: -- : Alan :
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My husband was extrremely deaf. The hearing aid he used was a behind the ear model, with the electronics not in the ear. As plastic mold, that was relaced about every year was connected by a tube to the behind the ear electronics, etc. this mold cost somewhere between $100- and $150 and was included in the $400 for the new aid. that is why I donated the aid and the organization accepted it, because a recipient (or charitable payer) would only have to buy a ne plastic ermold for about $ 150 , to be generous. I don't think that the organization would have been interested in one of the standard in the ear models. I really, was not trying to manufacture a deduction, but to see that a very good product could help someone who coul dnot afford to buy one for hirself.
Wendy Baker