Re: Re: Tax Form Question

[Guest guest]

,

 

That's what I thought too.  If the IRS doesn't agree that 2848 is the correct

form I'll try the other one.  Thanks for your perspective.

From: JFS in IL <fishstep@...>

Subject: Re: Tax Form Question

IPADDUnite

Date: Wednesday, March 2, 2011, 1:16 AM

 

Why wouldn't form 56 apply? Treasure Reg 601.503(d)(4) says

" (d) Fiduciaries. In general, when a fiduciary is involved in a tax matter, a

power of attorney is not required. Instead form 56, " Notice Concerning Fiduciary

Relationship " should be filed. Types of taxpayer for which fiduciaries act

are—

(4) Taxpayer for whom a guardian or other fiduciary has been appointed. In the

case of a taxpayer for whom a guardian or other fiduciary has been appointed by

a court of record, a form 56, " Notice Concerning Fiduciary Relationship, " should

be filed by the fiduciary. Internal Revenue Service officials may require the

submission of a court certificate or court order showing that the individual who

executes the form 56, " Notice Concerning Fiduciary Relationship, " has been

appointed and that his/her appointment has not been terminated. "

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> I am my brother's guardian.  My brother is schizophrenic and deemed an

incapacited individual.   He lives in TX and I live in IL.  I have to

represent him in a tax matter involving his ex wife owing back taxes.  My

question is this:  The IRS is telling me to fill out Form 2848 Power of

Attorney and Declaration of Representative to represent him.  However, this

form requires the taxpayer to sign this, authorizing me to represent him.  He

cannot do this.  He is really, really delusional.  It seems to me the more

applicable form for me to fill out is Form 56, notice of Fiduciary

relationship.  Is anyone out there knowledgeable in this matters?  Did I also

mention that I have a son with autism?  I guess this is the classic definition

of the sandwich generation.

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