Google Answers Logo
View Question
 
Q: IRS Rules and Regulations ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: IRS Rules and Regulations
Category: Business and Money > Accounting
Asked by: adixon-ga
List Price: $10.00
Posted: 05 May 2002 05:31 PDT
Expires: 12 May 2002 05:31 PDT
Question ID: 13194
An IRS Agent told me that when there is a Tax Power of Attorney on
file (for a taxpayer) all correspondence is sent to the Tax Power of
Attorney with the exception of certified mail correspondence (usually
"Final Intent to Levy" and Levy). Is there somewhere in the IRS Rules
and Regulations (that can be quoted) that supports the above
statement?  Thank you.
Answer  
Subject: Re: IRS Rules and Regulations
Answered By: missy-ga on 05 May 2002 07:27 PDT
Rated:5 out of 5 stars
 
Good morning!

It's not clear if you're concerned with the Power of Attorney
receiving *any* correspondence or if you're concerned that the
taxpayer would receive none.  I'm going to assume that your concern is
that if a Power of Attorney is on file, the taxpayer would receive no
correspondence except for certified mail.

I went to the IRS site, which not only allows you to view and download
tax forms and publications, it also allows you to have a look at the
IRS Manual (the rules and regulations).

Here's what the manual has to say about Power of Attorney for tax
purposes:

"Power of Attorney and Declaration of Representative, Form 2848 (as
revised), may be used with regard to requests submitted to Domestic.
Tax Information Authorization, Form 8821, should be used to allow only
disclosure of tax information to a third party. See Exhibits 39.1.10-1
and -2 for the Forms and Instructions. In addition, Reporting Agent
Authorization, Form 8655 (which generally is used to appoint an
individual as reporting agent with authority to sign and file Federal
tax deposits for the taxpayer), may be used to authorize the reporting
agent as a designee of the taxpayer to receive duplicate copies of
notices, correspondence, and transcripts with respect to employment
tax returns filed by the designee. See Rev. Proc. 89-18, 1989-1 C.B.
828."

[...] 

"Authority granted.-- This power of attorney authorizes the
individual(s) named to perform any and all acts you can perform, such
as signing consents extending the time to assess tax, recording the
interview, or executing waivers agreeing to a tax adjustment. However,
authorizing someone as your power of attorney does not relieve you of
your tax obligations. Delegating authority, or substituting another
representative must be specifically stated on line 5. However, the
authority granted to an unenrolled preparer may not exceed that
allowed under Revenue Procedure 81-38, printed as Pub. 470, Limited
Practice Without Enrollment."

"39.1.10 Representation of Taxpayers Before Internal Revenue Service"
[ http://www.irs.gov/taxpros/display/0,,i1%3D5%26genericId%3D22983,00.html#ss1
]

It would appear that *duplicate* correspondence is sent to the Power
of Attorney.  The taxpayer should receive all relevant correspondence,
and is not "kept out of the loop", as it were.

Hope this helps!

missy-ga
adixon-ga rated this answer:5 out of 5 stars
Great answer, should have thought of going to the IRS site myself! :)

Comments  
Subject: Re: IRS Rules and Regulations
From: adixon-ga on 05 May 2002 15:50 PDT
 
Thanks missy-ga,

I appreciate the answer.  

adixon-ga

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy