On Tue, 17 Feb 2009 15:09:49 EST, "removeps-groups[at]yahoo.com"
<removeps-groups[at]yahoo.com> wrote:

- quote -

502 doesn't mention consultants as either allowed or disallowed. My
consultant will be very reluctant to give any tax advice, though she
probably would know better than than an accountant who might not have
dealt with the issue before.

- quote -

If I recover anything in 2009 or whenever, it is taxable because it is
reimbursement for an expense I am deducting for 2008. Anyway the
retainer does not seem to qualify as a medical expense unless I
stretch it a bit - the only legal fees I see specifically mentioned in
502 are expenses needed to authorize treatment for mental illness,
which isn't what my case is about.

--
Peter Schleifer
"Save me from the people who would save me from myself"

--
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On Feb 16, 2:24 pm, Peter Schleifer <pschl...[at]speakeasy.org> wrote:

- quote -

Check out http://www.irs.gov/publications/p502/ar02.html to see if
your item is covered. You can also ask the educational consultant if
they know.

- quote -

Why would the income be taxable if it is a reimbursement? You should
try to get your attorney to mark the payment as a reimbursement, and
there not taxable. If the income your lawyer would recovers is
taxable, then the fees you paid your lawyer are deductible on Schedule
A subject to the 2% of AGI limit (and the deduction is not allowed
under AMT).

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

I have two questions related to expenses I incurred in placing my
daughter in a residential treatment center (on the recommendation of
her psychiatrist):

Are these deductible as medical expenses:

1. Fee paid to an educational consultant to advise on type of facility
and to recommend specific facilities for our consideration.

2. Retainer paid to an attorney for a case seeking funding my
daughter's treatment from the school district. If this is not
deductible for 2008, do I subtract this from the taxable income I
should eventually receive from this case? Whatever I receive from
this case will be taxable since it will be reimbursement for expenses
that I am deducting for 2008.

--
Peter Schleifer
"Save me from the people who would save me from myself"

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >