Legal Battle Over Claiming Pets as Tax Dependents

Have you ever examined your pet's annual vet bills, grooming expenses, daycare fees, and specialized food costs and considered, “This furry friend is definitely a member of my household,” you’re not alone. Believe it or not, an attorney is advocating for this very notion in federal court.

In December 2025, New York attorney Amanda Reynolds initiated a lawsuit against the Internal Revenue Service (IRS), petitioning the court to classify her eight-year-old golden retriever, Finnegan, as a legitimate dependent for federal tax considerations.

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This unconventional case poses a genuine inquiry faced by many taxpayers annually: Are any pet-related expenditures deductible? If not, what is the rationale?

Here’s an insight into the ongoing lawsuit, tax law specifics, and circumstances where animal-related deductions are possible.

The Legal Challenge: “My Dog Qualifies as a Dependent”

Reynolds’ legal brief suggests Finnegan meets IRS dependency criteria because:

  • He resides with her year-round,

  • He generates no income, and

  • She covers more than half of his expenses (exceeding $5,000 annually for necessities like food, medical care, and daycare).

An article in the national media about the filing includes a quote from Reynolds stating, “In every way imaginable, Finnegan is akin to a daughter, clearly making him a ‘dependent,’” within the plea.

Further, she is presenting constitutional claims, asserting that current legislation discriminates between similar dependents based solely on “species” (a violation of Equal Protection) and asserts that the absence of tax recognition constitutes an unlawful “taking” (a Fifth Amendment issue).

Current Status of the Case

The case is being heard in the U.S. District Court for the Eastern District of New York, and for now, it’s primarily in a holding pattern.

A federal magistrate judge allowed a motion to stay discovery (halting the exchange of evidence) while the IRS strategizes a motion to dismiss.

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Within the court’s documented order, the judge remarks that the lawsuit poses a “novel yet pressing question” about whether domestic pets should be recognized as “dependents” under existing tax law. Nonetheless, the order also indicates significant challenges ahead. The judge remarks that the government's claims appear “unconvincing on their face” and unlikely to withstand a dismissal motion.

In summary: the lawsuit is factual, active, receiving attention, yet the court appears skeptical about its potential success.

Why Federal Tax Law Does Not Recognize Pets as Dependents

The fundamental obstacle for the lawsuit is that tax law defines dependents as “individuals.”

Under the Internal Revenue Code Section 152, a dependent must be a “qualifying child” or a “qualifying relative,” and the statute clearly implicates the term “individual” as referring to a human entity.

Thus, IRS forms and regulations do not offer a provision to categorize a pet as a dependent. Dependents require social security numbers or other taxpayer identifications, and the tax credits and deductions linked to dependents are intended for human familial and household connections.

While Reynolds contends that Finnegan meets the functional dependency prerequisites (no personal income, co-residence, dependence for support), the federal tax code isn't fashioned to classify animals as dependent “individuals.”

What Animal-Related Tax Benefits Exist?

Though generally, you may not deduct usual pet expenses, exceptions exist that may be noteworthy for your readers, offering relevant tax advice.

1) Service animals may be claimed as medical expenses.

If an animal is an accredited service animal aiding a disability, related costs can qualify as medical expenses if deductions are itemized.

The IRS stipulates that medical costs are deductible when itemized and exceed a certain AGI threshold. Within this context, costs for acquiring, training, and maintaining a service animal are recognized as medical expenditures when therapy is directly associated.

Clarification for readers: Emotional support animals generally do not qualify as service animals under federal standards; service animals require specialized training for tasks associated with a disability.

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2) Business animals might be deductible as business expenditures.

Occasionally, an animal may be part of an authentic trade or business—such as:

  • A guard dog overseeing business security, or

  • Animals enlisted for pest control in a business context.

In these instances, ongoing expenses might be ordinary and necessary business outlays. (Precise documentation and verification of business purpose are crucial.)

Your indices categorize this as one of the selective fields where the IRS permits animal-related tax allowances.

3) Foster animals may relate to charitable deductions.

Certain taxpayers fostering animals for recognized nonprofits could potentially claim some unreimbursed expenditures as charitable contributions—subject to stringent conditions and records.

The Conclusion for Taxpayers

This lawsuit resonates emotionally: pets form integral parts of families for millions of Americans, and their care can be costly. Nonetheless, tax legislation hinges on legal definitions rather than sentiment.

Currently:

  • You can’t register a dog or cat as a dependent on federal returns.

  • Common pet expenses (food, grooming, vet care for standard domestic pets) remain personal and are non-deductible.

  • Certain pet-related costs might be deductible under specific conditions—service animals, business-related animals, and sometimes foster-related charitable deductions apply.

As for the Reynolds lawsuit, it's an evolving case to monitor—not expecting the IRS to assign dependent identification numbers for dogs, but highlighting the notable reliance households have on pets emotionally and financially, contrasting starkly with how tax policy delineates “family” from “property.”

Furthermore, it's a reminder: verify with the IRS guidelines what can and cannot be claimed before assuming potential deductions.

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