Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

My adult son (turned 26 in 2017) was diagnosed this year…

My adult son (turned...

My adult son (turned 26 in 2017) was diagnosed this year with serious mental illness. He spent several months in hospital, followed by supervised living, then intensive outpatient. Can I claim the medical expenses we paid for him? He does not have a job and did not earn any money. Doctor wrote a note, and he has been extended on our medical insurance as a dependent. Read the IRS guidelines - not sure what qualifies as "permanently and totally disabled"

Show More
Show Less
Ask Your Own Tax Question
Answered in 6 minutes by:
3/27/2018
Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,103
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Tax Question

Hello:

I am sorry that you are having this struggle. I can not imagine how difficult this must be for you.

IF you are eligible to claim your son as a dependent you may deduct medical expenses paid for him.

When you itemize your deductions for a taxable year on Form 1040, Schedule A.pdf, Itemized Deductions, you deduct expenses you paid for medical and dental care for yourself, your spouse, and your dependents. This is recorded on Form 1040, Schedule A.

In regard to medical expense deductions the expenses must exceed 7.5% of your adjusted gross inome.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Ask Your Own Tax Question

To be clear your son is a dependent if you provided "over one-half of the individual’s support for the calendar year in which such taxable year begins" AND he was not declared as a dependent on someone else's return. If you meet this test the disability question does not come into play.

Kind regards,

Gerald

Ask Your Own Tax Question
Customer reply replied 26 days ago
I was confused by the term "permanently and totally". There is a chance that he will be able to get back to functioning after some period of time. You seem to be suggesting that for now, because the doctor wrote him a note that he is a medical dependent, that he is totally disabled. If that changes later, that's ok. We just wouldn't be able to deduct expenses any more (and we wouldn't have them to worry about!). Also - for 3 months, he was in a supervised transitional living program. Is that deductible (it's $10k/month). And he is not in intensive outpatient. Is all of that deductible ($20K/month), or only the portion of it that is submitted to insurance.
Customer reply replied 26 days ago
I see a typo - he is now in intensive outpatient (I typed not in intensive outpatient)
Customer reply replied 26 days ago
Also - the transitional living at $10K/month could not be submitted to health insurance

If you are providing more than 50% of his support he is your dependent - the disability notwithstanding. So you can claim the deduction in that instance. Even if he recovers somewhat if you are still supporting him he is still your dependent..

The fact that hwe was not living wiith you for three months does NOT affect this.

You can deduct the out of pocket expenses and any insurance premiums. You can not deduct what insurance covers.

See:

https://www.law.cornell.edu/uscode/text/26/152

Ask Your Own Tax Question
Customer reply replied 26 days ago
In terms of the support - we provided 100%. But IRS Publication 502 seems to imply that he has to be younger than 24 or permanently and totally disabled.

You want to look at sections (d)(1)(C) and (d)(2) for the dependency test.

Ask Your Own Tax Question

If you are confused about some of this and wish to discuss this we can. I have submitted Highly Discounted BUT OPTIONAL offer to you for a premium service phone call so that we can discuss your concerns more easily. It is purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,103
Experience: Over 30 years of experience.
Verified
Gerald, Esq and 87 other Tax Specialists are ready to help you
Ask your own question now

Thank you Please enter your contact information where indicated.

Ask Your Own Tax Question
Customer reply replied 26 days ago
sent you the phone information - are you available to chat?

I need your number to call.

Ask Your Own Tax Question

Calling now

Ask Your Own Tax Question
Was this answer helpful?
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Attorney
Category: Tax
Satisfied Customers: 5,103
5,103 Satisfied Customers
Experience: Over 30 years of experience.

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,451 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

56 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,124 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
I have heard that a person cannot itemize deductions on
I have heard that a person cannot itemize deductions on their taxes for 2019? I am a widow (age 74) and have usually itemized. Please let me know if I will be unable to do this in 2019. The only Feder… read more
Bill
Bill
Master's Degree
2,278 satisfied customers
Filed form 1040 form took the standard deduction, I am now
filed form 1040 form took the standard deduction, I am now filing the new york state, … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My son's itemized deductions are more than his capital
My son's itemized deductions are more than his capital gains. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
On form 1040, line 27, what is the deductible part of the
On form 1040, line 27, what is the deductible part of the self-employment tax requiring schedule SE?… read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,939 satisfied customers
We have a small farm and in the past have itemized deduction
Hi, we have a small farm and in the past have itemized deduction and filed Schedule F. This year it would be more advantageous for us to take the standard deduction and not itemize. Can we do that? … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I am filing as a single with itemized deductions. If my
I am filing as a single with itemized deductions. If my income is $150,000, is my tax simply 28% of the total or does it get calculated as 18,713.75 plus 28% of the difference between 150,000 and 91,9… read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,939 satisfied customers
Are Medical expenses allowed to be claimed when your making
Are Medical expenses allowed to be claimed when your making our yout tax form? … read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,066 satisfied customers
The medical expense amount in my federal return of $11,106
The medical expense amount in my federal return of $11,106 is not being transferred to my state return. … read more
Dr Arthur Rubin
Dr Arthur Rubin
Doctoral Degree
24 satisfied customers
Can I deduct the the Medicare Part premiums as a medical
Can I deduct the the Medicare Part B premiums as a medical expense? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,124 satisfied customers
I have a question on itemized deductions. I purchased a
I purchased a house in 2017 in New Mexico. My builder provider me with the gross receipt tax I paid as part of the purchase and want to know if it's tax deductible. … read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,939 satisfied customers
I am wondering if certain medical expenses are deductible
Hello, I am wondering if certain medical expenses are deductible such as mileage to a pharmacy to pick up a prescription medication. Also, Icy Hot recommended by a doctor for pain due to Lyme disease.… read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,939 satisfied customers
Are medical expenses paid for with tax deferred HSA money
Are medical expenses paid for with tax deferred HSA money eligible to be claimed on Federal Schedule A?… read more
Carter McBride
Carter McBride
LLM
966 satisfied customers
To what extent is cataract surgery an itemized deduction.? I
To what extent is cataract surgery an itemized deduction.? I opted for the non-covered multi-focal lenses at a cost of $8,050. … read more
Carter McBride
Carter McBride
LLM
966 satisfied customers
2015 returns- filing head household-itemizing deductions 2
2015 returns- filing head household-itemizing deductions 2 loans for tools paid on that year for business expense-25k-can I claim lump some for that year? 1 loan paid on house mortgage for employee to… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,066 satisfied customers
Can I submit the federal taxes with an itemize deduction and
Can I submit the federal taxes with an itemize deduction and the state with a standard deduction form? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,124 satisfied customers
Are non insurance covered medical expenses deductible? Are
are non insurance covered medical expenses deductible? … read more
abci168
abci168
Principal
27 satisfied customers
Is the deduction for medical expenses on Schedule A repealed
Is the deduction for medical expenses on Schedule A repealed under the new tax law & can health insurance premiums for a Schedule C proprietor still be deducted on page 1 of Form 1040?… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,124 satisfied customers
Can I deduct a medical expense in 2017 if paid in 2017 for
Can I deduct a medical expense in 2017 if paid in 2017 for my 2018 medical premiums . In other words, I am paying in advance.… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,066 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x