WASHINGTON, D.C. -- More than 100 U.S. senators and representatives have signed a letter urging the Department of the Treasury to abandon Internal Revenue Service guidance that classifies abortion as health care.
After the 1973 Supreme Court ruling on Roe v. Wade, the IRS chose to reinterpret the 1942 statutory definition of “medical care” in the Code to include abortions. This, in turn, creates tax breaks for abortions through the medical expenses deduction as well as through health flexible spending accounts, health savings accounts, health reimbursement arrangements, and other tax-preferred health accounts and tax breaks that incorporate §213(d)’s definition of “medical care.”