- 2 - Background Gloria Pomerantz (petitioner) is an attorney. Petitioner timely filed Forms 1040, U.S. Individual Income Tax Return, for 1995 and 1996. Respondent subsequently initiated an examination of petitioner’s returns for those years. On November 3, 2003, petitioner executed and submitted to respondent a Form 2848, Power of Attorney and Declaration of Representative, appointing Allan Serchay (Mr. Serchay), identified as a certified public accountant, to act as her representative with regard to Federal income tax matters for 1995 through 1998. Paragraph 5 of the Form 2848 states: Acts authorized. The representatives are authorized to receive and inspect confidential tax information and to perform any and all acts that I (we) can perform with respect to the tax matters described on line 3, for example, the authority to sign any agreements, consents, or other documents. The authority does not include the power to receive refund checks (see line 6 below), the power to substitute another representative, the authority to execute a request for a tax return, or a consent to disclose tax information unless specifically added below, or the power to sign certain returns. The remainder of paragraph 5 of the Form 2848, which allows a taxpayer to list specific additions or deletions to the acts that the representative is authorized to perform, is blank. On January 30, 2004, Mr. Serchay executed, on petitioner’s behalf, a Form 4549, Income Tax Examination Changes, consenting to the immediate assessment and collection of increased taxes, interest, and fraud penalties for petitioner’s taxable years 1995Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011