Roland Gyula Szasz - Page 15

                                       - 14 -                                         
          contends that he never delegated such authority to Mr. Penn.8  We           
          reject petitioner’s contention.                                             
               Petitioner, acting through Lorant, hired Mr. Penn                      
          specifically to resolve the audit of petitioner’s taxable years             
          1998 and 1999.  On April 22, 2002, petitioner, again acting                 
          through Lorant, executed a Form 2848 appointing Mr. Penn as his             
          personal representative with respect to petitioner’s income tax             
          matters for the taxable years 1997 through 2003.  We consider               
          significant that the Form 2848 specifically authorized the                  
          representative to sign consents.  Thus, we find that petitioner             
          gave Mr. Penn authority to represent him before the Internal                
          Revenue Service, including the execution of a consent form.                 
               Petitioner contends, however, that Mr. Penn was required to            
          obtain approval from petitioner before executing any consent to             
          extend the period of limitations.  Petitioner further maintains             
          that had Mr. Penn asked for approval to execute the last consent,           
          petitioner would not have authorized such action.  However, there           
          is nothing on the Form 2848 or in the record to suggest that Mr.            
          Penn did not have the requisite authority to execute the last               
          consent.  Thus, petitioner has failed to prove that Mr. Penn                
          acted outside the scope of his authority.                                   


               8  Petitioner does not contend that Lorant lacked authority            
          to execute the first three consents on his behalf, nor does                 
          petitioner contend that Lorant lacked authority to hire Mr. Penn            
          as petitioner’s representative.                                             





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011