Durable POA

Technical topics regarding tax preparation.
#1
ShawnE  
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not sure I'll accept this client but...

Ex wife has a durable POA on ex-hubby. It includes "Tax matters"
I think she has to have a 2848 on file - but she insists that they have been doing it this way for years.
I think she signs his name on the 8879 - but don't know that for a fact.

question
a) can she sign his name... If not does she sign her name followed by POA.
b) does the Durable go with the tax return.

he has owed a bit for the last few years. And she writes the check. Apparently he has drug issues etc etc.
 

#2
sjrcpa  
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Yes the POA as described is OK.
She should sign as Mary Jones, POA.

I have a number of clients that use these to sign for their elderly parents. I have one for my mother, too.
 

#3
ShawnE  
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sjrcpa wrote:Yes the POA as described is OK.
She should sign as Mary Jones, POA.

I have a number of clients that use these to sign for their elderly parents. I have one for my mother, too.


and no need for a 2848 or mailing the POA to the IRS?
 

#4
sjrcpa  
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Occasionally IRS has asked for the durable POA. Then we send it.
I keep a copy in my file.
 

#5
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ShawnE wrote:
sjrcpa wrote:Yes the POA as described is OK.
She should sign as Mary Jones, POA.

I have a number of clients that use these to sign for their elderly parents. I have one for my mother, too.


and no need for a 2848 or mailing the POA to the IRS?


I recently had this same question. Per the 1040 instructions, it appears that a 2848 would be required to be filed with the tax return, per my reading. I have never done it in the past, so now I am questioning it as well.
 

#6
sjrcpa  
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Guess I haven't looked at that in a while. I will bone up.
 

#7
Joan TB  
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Doesn't the durable POA need to be perfected? See page 6 of Form 2848 instructions for Authorizing an Agent to sign your return. I don't think it gets recorded on CAF.
 


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