Skip to main content
Eric P Rothenberg
Avvo
Pro

Eric Rothenberg’s Answers

393 total


  • Can I claim room and board on my taxes that I pay to my parents?

    I pay my parents $100 per week to live in a room, and help keep the refrigerator stocked. Is this considered room and board? If so, am I allowed to claim it on my taxes?

    Eric’s Answer

    Rent (room and board) is not deductible on a federal return unless it's related to an active trade or business. One half of your rent may be deducted up to $6,000 (so a max of $3,000) in MA on Form 1 line 14.

    See question 
  • Can I claim my mother as a dependent when I file for 2015 tax return?

    My mother lives with me, her income is less than $1500 per year so, basically I'm responsible for all her living expenses. She has a social security number and a work permit but she doesn't take any benefits from the social security administration...

    Eric’s Answer

    Your mother can be your dependent here provided she gets an ID from the IRS called an Individual Taxpayer Identification Number (ITIN). You get that by filing Form W-7. You cannot file your return electronically but all else should be fine. The W-7 can be downloaded for free from the IRS website and it will take you at least 4 weeks to get the ITIN in the mail. That becomes her permanent ID for tax purposes (including state) until she qualifies for a social security number.

    See question 
  • How to stop Natick Tax Collector from publishing my name as a delinquent taxpayer - when I no longer own the property?

    Natick is seeking payment for May 1, 2015 tax bill on a condo that I SOLD on July 1, 2014. Deed was recorded in So Middlesex County on July 2, 2014. New owner is responsible, yet MY name will be published in newspaper as a delinquent taxpayer. In...

    Eric’s Answer

    Unfortunately, taxes are assessed in MA on the 1st day of each year but are for the fiscal year beginning July 1 of that same year to June 30th of the following year. Therefore, while you sold the real estate after the assessment date, you were, in fact, the owner on the date of assessment and subsequent sales do not affect the party named as the assessed. So I am thinking, based upon the above, that it's correct to name the party assessed (you that is). Have you called them?

    See question 
  • A surprise 1099 has come to my knowledge due to a failure to file tax from Massachusetts state revenue.

    Without my knowledge, Massachusetts Housing filed a 1099 for discharge of debt in 2012. It is now 2015. The amount is $37,179. I had no knowledge of it until today in Sept. 23, 2015. I did not receive any paperwork. Mass state of revenue say...

    Eric’s Answer

    You probably owe no taxes so please get a good tax preparer to show you how to not recognize the income for being insolvent or possibly your primary residence.

    See question 
  • Is there a Statute of limitation( do they forgive or forget unpaid tax )

    Good day ! in 2002, after receiving a green Card in the USA I got SSN In America I never worked and left it,I live in Russia , the green card was for two years. Have not been there for 14 years. But in 2002-2005 my SSN was used to get ...

    Eric’s Answer

    • Selected as best answer

    First, once you have a green card you are taxed on worldwide income for US tax purposes. Failure to maintain a green card by staying in the US is an immigration issue but not a tax change. So you need to formally abandon your green card by taking affirmative steps [filing Form I-407] or by other written means. Second, there is no statute of limitations on returns that are not filed. Therefore, please seek good tax legal counsel to advise you on this.

    See question 
  • MA Dept of Revenue Abatement Approval Notice

    We received a Notice of Assessment in February pertaining to our 2011 tax return that we owed about $4500. I called the DOR & they told me to wait for Demand for Payment letter then file an abatement. We figured out from the phone call that we i...

    Eric’s Answer

    You can call the DOR and get an explanation. For ex., what they told you, to wait for a demand, is not correct. You should have filed for an abatement as soon as it was assessed. Sometimes you get a proposed assessment which means unless they hear from you otherwise, it will be assessed. But once it's assessed, you can file for an abatement. They make many mistakes so call them up [617-887-6367] and ask for the explanation. If yo are not satisfied, call your CPA.

    See question 
  • I got scammed by a loan company i think they know my social security number and i am on social security i am scared

    i applied for a loan on line they even have my banking info but i did change that they said i was approved so they put some money in my account it look like it cleared so i used some money and and hour later they took it back so know iam neg in my...

    Eric’s Answer

    This is a question that is not tax related. I would contact the Attorney General's office for consumer affairs. You were tricked & you need legal help not tax help.

    See question 
  • IRS QUESTION? MY WIFE RECEIVED A LETTER FROM INTERNAL REVENUE SERVICE FOR 2009 TAX BILL?

    my wife got letter from IRS for ( 1040) year 2009 tax bill for $ 87.00 . is this joke or real? after 6 years ? she filed tax return in 2009 for $ 500.00 income.

    Eric’s Answer

    It depends. If your wife filed a 2009 federal income tax return more than 3 years ago (which should be the case) then this probably is not from the IRS but you can call the IRS to be sure [800-829-3903]. After 3 years, with limited excepts, the IRS cannot change her return from as she filed it. If it's a balance due from a return she filed, the statute on collecting balances due is 10 years. So in that case it could be due. You'd need more information to be sure so best to call the IRS.

    See question 
  • Who is better to represent you in an IRS Audit Reconsideration -- an attorney, or a CPA?

    Issue centers around 2 un-filed returns, resulting in huge tax bill. Legitimate business expenses need to be taken into consideration.

    Eric’s Answer

    Being a lawyer I would favor using experienced tax counsel but that could be a CPA or an attorney. I know of both that do it well & both that do not. Best if you interview them and choose wisely and not based upon cost.

    See question 
  • Can I get my ex-husband to be fully responsible for a tax bill that is in both of our names from when we were married?

    We filed our taxes together for 1 year. That year he filed them on the computer we did not use anyone to help with our taxes. Now 2 years later I have a bill from the IRS for $12,000.00 for him not claiming his retirement on our taxes the year we ...

    Eric’s Answer

    Yes, you can. You must file for innocent spouse (Form 8857). They will ask him to complete the same form but this should be fairly cut and dry since he left it off. If the bill is not entirely from the missing 1099, then it can be more complex. You should get some advice to help on this. In addition, if he's now your ex-husband, then the probate court can force him to pay that amount as well. However, it's much easier (cheaper) getting the IRS to relieve you of that debt.

    See question