Guest guest Posted February 28, 2011 Report Share Posted February 28, 2011 I am a former IRS Agent and former IRS Attorney. He needs to sign a 2848. ______________ Rubin* [cid:image003.jpg@...] ___________________________________ The Law Offices of Rubin & Associates Law practice limited to serving the future & legal planning needs of Illinois families of children & adults with intellectual disabilities, developmental disabilities, & /or mental illness... (E) brian@...<mailto:brian@...> (W) www.SNFP.net<http://www.snfp.net/> (O) 847-279-7999 (F) 847-279-0090 (TF) 866.TO.RUBIN Mail: 1110 West Lake Cook Road, Buffalo Grove, Illinois 60089-1997 * Member by invitation of SNA, the Special Needs Alliance. (SNA is the national non-profit association of experienced " Special Needs Planning " Attorneys. Rubin is a member of SNA's Board of Directors.) Click for more information.<http://www.specialneedsalliance.org/> * Member of the Special Needs Law Steering Committee of NAELA,<http://www.naela.org/> the National Academy of Elder Law Attorneys. <http://www.naela.org/> Click for more information<http://www.naela.org/> * Rubin has been awarded the dale Hubbell Peer Review<http://martindale.com/> Rating of AV Preeminent, the highest rating given<http://martindale.com/>. Click for more information<http://martindale.com/-N-Rubin/903577-lawyer.htm?view=cr> *For more information about Rubin, please visit www.SNFP.net<http://www.snfp.net/>. Notices: 1. This message does not create an attorney-client relationship, and is not legal advice absent such a relationship with the recipient. This message may contain confidential information protected by the attorney-client and/or work product privilege. The information is only for the use of the intended recipient. If you are not such recipient, disclosure, copying, distribution or reliance upon this e-mail is strictly prohibited. If you have received this transmission in error, please notify The Law Offices of Rubin & Associates by e-mail and destroy the original message and all copies. 2. IRS CIRCULAR 230 NOTICE: TO THE EXTENT THAT THIS MESSAGE OR ANY ATTACHMENT CONCERNS TAX MATTERS, IT IS NOT INTENDED TO BE USED AND CANNOT BE USED BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED BY LAW. 3. Disclaimer Regarding Electronic Signature. If this communication concerns negotiation of a contract or agreement, electronic signature rules do not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. The Signature given hereon is not an electronic signature and is provided only for the purposes of providing information as to the identity of the sender and for no other purpose(s) whatsoever. 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. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 1, 2011 Report Share Posted March 1, 2011 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. > > > > > Quote Link to comment Share on other sites More sharing options...
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