Arthur L. Rubin wrote:
- quote -

Only if it contains sufficient language covering tax
matters.

ChEAr$,
Harlan Lunsford, EA n LA

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Nell wrote:
- quote -

For those interested, here is the typical wording I find in DPOAs
for the management of property and personal affairs relating to
tax matters that are prepared in the Los Angeles, CA area.

Tax Matters
To prepare, to make elections, to execute and to file all
tax, social security, unemployment insurance, and
informational returns required by the laws of the United
States, or of any state or subdivision thereof, or of any
foreign government; to prepare, to execute, and to file all
other papers and instruments which the Agent shall think to
be desirable or necessary for safeguarding of me against
excess or illegal taxation or against penalties imposed for
claimed violation of any law or other governmental
regulation; and to pay, to compromise, or to contest or to
apply for refunds in connection with any taxes or
assessments for which I am or may be liable.

--
Alan
http://taxtopics.net

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Nell wrote:
- quote -

The POA has to be a Durable POA. I.e., it commences or
remains in effect upon the incapacitation of the person. It
must also contain a clause that specifically relates to the
attorney-in-fact (Agent) acting in all tax matters or some
such language. I.e., it must be clear that the Agent can
perform the necessary acts to file tax returns. Finally, it
must conform to state law.

Assuming all the above is true, the IRS still requires that
their Form 2848 be completed and attached to the attorney
prepared POA. In addition, many Durable POAs do not get too
specific about type of taxes and tax form numbers. They
just contain a statement that allows the Agent to perform
any and all acts required to file tax returns. This is not
a problem. The Agent merely needs to attach a sworn
statement (under penalty of perjury) that the DPOA is valid
in that jurisdiction and the Agent can then sign the IRS
2848 on behalf of the person.

--
Alan
http://taxtopics.net

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Nell wrote:

- quote -

Doesn't a REAL POA authorize you to sign the IRS POA on
behalf of the taxpayer? (Just curious.)

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Nell <subscribe[at]blarg.net> wrote:
- quote -

yes, that;'s the usual low level position.

If this isa durable POA, I suggest you request a review by the
examiners manager, and if there is still an issue, to the Tax[ayer
Advocate office.

What the IRS wants and what can be practically furnished are two
different things.

On the other hand, if this is not a durable POA, (must state it
survives even if she is incapacitated) then you would have to have
a court appoint you as conservator with authroity on tax matters.

That can be expensive but probably cannot be avoided.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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subscribe[at]blarg.net (Nell) writes:

- quote -

No guarantees BUT you may be able to find a solution here:

http://www.opm.gov/retire/indextext.asp

You MAY be able to download the information from that site.
I expect the IRS assistor thought that your mother's income
was not sufficient to require a return unless there had been
income tax withholding.

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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Fred wrote:
- quote -

Ah, I figured somebody here would know "dfas" (rhymes with
doofus, derived from Duffus, the name of a Scottish castle;
you can tell where my mind is this week before we leave.)

ChEAr$,
Harlan Lunsford

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taxservice[at]aol.compliance (John H. Fisher) wrote:
- quote -

My Mom receives CSRS retirement. They wouldn't send a
1099-R to me, they would send it to the address they have on
record. Still haven't found the 1099-R. I walked in to IRS
with the problem, the agent on duty told me not to worry as
I wasn't claiming withholding. [My Mom is 87 also and not
consistently clear thinking.]

- quote -

IRS won't accept Mother's attorney-prepared POA, they want
their's even if the taxpayer isn't compentent. Their POA is
only good for 5 years. ARAAH!!

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"Herb Smith" <smithff33[at]aol.com> wrote:
- quote -

The fine folks at
https://mypay.dfas.mil/mypay.aspx
will be able to help you out.

Fred
USAF Retired


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anothername[at]access4less.net (Doug) wrote:

- quote -

File form 56 with the IRS

- quote -

Contact the office that issues the monthly checks, for a
replacement copy od the 1099-R.

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anothername[at]access4less.net (Doug) writes:

- quote -

Just prepare the return, using her name, SS#, Filing Status,
etc., and sign it with your POA. Contact the government
agency which issues the payments and request a copy if the
1099.

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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My mother is 87 and can no longer do her taxes, due to
mental health. I have a strong power of attorney for her
financial affairs prepared by a lawyer. How do I contact the
IRS and get her tax liabilities into my jurisdiction?

Another item. She receives retirement pay because her
deceased husband was retired military. We do not have the
1099 (or whatever form) from them for last year. Anyone know
how to get a copy?

Thanks much
my email is pilotbarr[at]yahoo.com if you can reply there in
case I miss your help.

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