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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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My father has advanced Alzheimers and lives in a nursing home.

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My father has advanced Alzheimer's and lives in a nursing home. He has no savings or property and all his income (pensions and social security) go to the nursing home. He has not filed taxes in several years. My husband thinks I should file his taxes for him. I think I should wait until receiving a bill and then call them and explain the situation if and then.
What is the right thing to do here? Thank you.
Welcome! Thank you for your question.

Do you know how much income his pension and social security are?
Customer: replied 4 years ago.

Yes but I don't think I am comfortable posting the amounts in this public forum. If you simply need to know a less than more than I can provide that.

Is it more than $25,000 annually?
Customer: replied 4 years ago.

A tax return should have been filled for the years that his income was over $25,000. By failing to file it is possible that the IRS will take his information and create a tax return for him. If there is a deficiency based on the created returns then they will send the notices to him for the tax years. Only your father is liable for the failure to file so you do not have any responsibility here. Given that he is sick, has no assets and in a nursing home there is really nothing that the IRS can go after if he did under pay. Further, given that your father's income is all going to the nursing home he will have an extensive medical expense deduction which means he will likely owe no tax.

With all that said, you are safe to just wait to see if the IRS generates a return with a deficiency in tax. However, you may want to see if he is having income tax withheld from his pension already. If he is then you may find that he is owed a refund for overpayment of tax due to the large Medical expense deduction for the nursing home payments.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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