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Re: Tax Form Question

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I am a former IRS Agent and former IRS Attorney. He needs to sign a 2848.

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From: IPADDUnite [mailto:IPADDUnite ] On Behalf

Of Margie Sillery

Sent: Monday, February 28, 2011 5:47 PM

ipaddunite

Subject: Tax Form Question

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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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. "

--

>

> 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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