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8821 and POA

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    8821 and POA

    sister wants to check on brother's taxes. He's been getting letters, can't find them? and she wants to help get him straightened out. Can she use one of these forms? or does it have to be a tax preparer?

    #2
    Originally posted by JenMO View Post
    sister wants to check on brother's taxes. He's been getting letters, can't find them? and she wants to help get him straightened out. Can she use one of these forms? or does it have to be a tax preparer?
    A family member can be authorized access on Form 2848, code f. Or, she can drag him down to the local IRS office and talk with them in person.
    "A man that holds a cat by the tail learns something he can learn no other way." - Mark Twain

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      #3
      we aren't close to the IRS office, otherwise, yes, probably the best answer. thanks, I'll fill out the 2848 for them.

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        #4
        I would also submit f56.
        Believe nothing you have not personally researched and verified.

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          #5
          Originally posted by taxea View Post
          I would also submit f56.
          Why from 56? Is she a fiduciary for the brother? Does she have a power of attorney for financial affairs? Is the problem brother mentally incompetent or in need of protection? It is her statement, not the brother, that he is getting IRS notices: frankly she sounds like a busy body.

          If she does a form 56 she herself may have to answer for future tax issues and it implies she is taking charge of his tax returns and related issues. If he gives her authority under a 2848 POA (and any necessary state authority), a practitioner with standing for him (EA, CPA, Attorney) should be added to the 2848.
          Friends double; family triple. Don't buy an audit for yourself. If someone has to go to jail make sure it is the client. Remember it is only taxes, nothing important.

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            #6
            Originally posted by mastertaxguy View Post
            Why from 56? Is she a fiduciary for the brother? Does she have a power of attorney for financial affairs? Is the problem brother mentally incompetent or in need of protection? It is her statement, not the brother, that he is getting IRS notices: frankly she sounds like a busy body.

            If she does a form 56 she herself may have to answer for future tax issues and it implies she is taking charge of his tax returns and related issues. If he gives her authority under a 2848 POA (and any necessary state authority), a practitioner with standing for him (EA, CPA, Attorney) should be added to the 2848.
            Sounds to me as though her intent is to handle his taxes. Doesn't that in a sense make her a fiduciary?
            Believe nothing you have not personally researched and verified.

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