Theodore Halper, Incompetent, Valerie Halper and Wayne Halper, Co-Plenary Guardians - Page 3

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          the power of attorney, signed by petitioner when he was                     
          competent, had thus been revoked by operation of law.                       
               All section references are to the Internal Revenue Code as             
          amended and in effect for the years in issue, unless otherwise              
          indicated.              FINDINGS OF FACT                                    
               When the petition in this case was filed, petitioner resided           
          in North Miami Beach, Florida.                                              
               Petitioner and respondent timely executed agreements in                
          writing pursuant to the provisions of section 6501(c)(4),                   
          extending the period for the assessment of tax due for 1985 and             
          1986 as follows:                                                            
               Form   Year(s)   Petitioner  Respondent  Extension Date                
               872     1985      03/13/89     03/16/89     12/31/89                   
               872  1985 & 1986  09/12/89     09/15/89     12/31/90                   
               872  1985 & 1986  10/01/90     10/10/90     12/31/91                   
          The first two extensions were signed by both petitioner and his             
          representative, Paul B. Bergman (Bergman).  Bergman was named as            
          petitioner’s representative in a Form 2848 (Power of Attorney and           
          Declaration of Representative), signed by petitioner on June 14,            
          1988.  (The parties agree that Form 2848 is not a durable power             
          of attorney.)  The third extension was signed by petitioner only.           
          The validity of the foregoing extensions is not in issue.                   
               The parties agree that in April of 1991, while undergoing              
          coronary bypass surgery, petitioner suffered a massive stroke,              
          leaving him both physically and mentally incapacitated.  After              

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