- 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
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