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Epstein Becker Green in Bloomberg Tax Management Memorandum
Jan. 28, 2020
"IRS Pub. 502 ... clearly stated that taxpayers can deduct the costs of 'fertility treatments,' such as IVF, to 'overcome an inability to have children.' ... Surrogacy costs further complicate the tax analysis ... New York, Louisiana, and Michigan currently prohibit by statute [commercial gestational surrogacy], but the remaining states either have laws that explicitly make commercial surrogacy contracts legal or have no laws at all[.]"
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