Power of Attorney signature for inmate

[numberkruncher]

A client has POA for her common-law husband who is incarcerated. She wants to file his tax return and have the refund direct deposited into his personal checking account.

Should I permit her to sign the return, attach a copy of the POA, and file return?

Form 2848 has no checkbox for a wife and in past, an IRS agent told me the form is only usable by CPAs, EAs, and lawyers.

If no, I can print out signature pages and see about mailing them to husband. I don't know if that kind of mail is deliverable to inmates. It's my first experience in this situation.

[sea-tax]

She should be able to visit him in the pen at least once a month if not more. Can't she just take a copy into him and allow him to sign it. I am sure arrangements can be made.

[JohnH]

Had this situation last year

I had a client who had to spend a few weeks in the pokey 'cause he loved his bottle more than his reputation. He had his sister contact me a couple of weeks before the extended filing date in a panic. I told her to give me his "temporary" mailing address & sent the return to him to sign & mail. I did put stamps on the envelope to the IRS so he wouldn't have to use his cigarette money to mail it in. Everything worked out fine.

[Koss]

Agree with Sea-Tax

A client has POA for her common-law husband who is incarcerated. She wants to file his tax return and have the refund direct deposited into his personal checking account.

Should I permit her to sign the return, attach a copy of the POA, and file return?

Form 2848 has no checkbox for a wife and in past, an IRS agent told me the form is only usable by CPAs, EAs, and lawyers.

If no, I can print out signature pages and see about mailing them to husband. I don't know if that kind of mail is deliverable to inmates. It's my first experience in this situation.

Power of attorney, whether expressed on Form 2848 or some other document, does not authorize one person to sign a tax return for another, unless this act is explicitly authorized within the POA. And there are some other restrictions as well.

I have visited people in the county jail. Regular visitors are typically separated from the inmate by a glass partition. Unlike the window used at some banks and most check-cashing services, there is no slot through which you can pass documents. And often the glass is so thick that you have to use a telephone handset to communicate with the prisoner.

Perhaps many of you already knew this. Maybe you didn't. In this regard, it really is like what you see in the movies.

With that being said...

At most facilities, the staff of the jail will take documents from a visitor, and have the inmate sign them right then and there during the visit, and then give the documents back to the visitor.

BMK

[thomtax]

Signing by prisoner

For two years I filed a return for a prison inmate. His grandmother brought in his information. She then took all necessary papers with her. She would call the prison ahead of visitation day and tell them what she needed done. There was never any problem with them or this procedure.

LT