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My mother has come to live with me after breaking ...

My mother has come to live with me after breaking her back, my brother has always handled her bills, etc, because of dementia, she makes 5900.00 a month from Delta Air Lines and 975.00 from social security. I was trying to file her taxes this year, only to find out from the irs that she has not filed since 03, & owes them $150,000.00. I don't know what to do, she cannot pay this amount, everything that she has coming in is going to help keep with sitter's and medical. My brother has been using about 31,000.00 a year of her money. I am so affraid that they are going to seize her Delta check and ss, and she will still have to pay taxes on that. My husband and I are self  employed, have had to lay off employee and really can't afford the added expense. Can I send my brother a 1099 for the money that he has spent or what should I do. I am trying to get her taxes together and file and pay 08, but I am very worried about the last 4 years. I am so upset at what my brother did to mom, She literally has nothing, everything she has is in a 10x15 storage unit, i don't even see how she can afford her own house here on our land, please advise, dottie dillard

 

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Dottie, yo cannot and should not handle this on your own. You should get professional help such as a tax attorney or accountant familiar with tax law and dealing with the IRS. Do it immediately and don't waste precious time which could lead to penalties, etc. You are right to be concerned and especially right in that you are seeking help. Good Luck!!

what do recomend other than my accountant, please advise. possilbya tax attorney? please advise

A tax attorney is an excellent idea. Perhaps your accountant can recommend one.

You do need an attorney, though not necessarily a tax attorney.  Tax attorneys are generally used to represent someone in Tax Court after an audit.  You do need to get her back taxes filed, and if there are a lot of medical expenses, that may reduce her tax bill considerably.  I'm assuming that your brother had a POA to handle her affairs.  If he did siphon off money for his own benefit, that is a misuse of the POA and can be prosecuted through the courts.  There's also something called "fiduciary responsibility" that goes along with that which requires that all matters, financial and otherwise, are handled in a prudent manner including filing her taxes, paying bills appropriately and on time, providing adequate medical care, safeguarding her assets, etc.

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