- 13 - 870 unless he/she is willing to waive his/her right to challenge the tax in the Tax Court before paying the tax and any penalties due). A taxpayer is not required to sign the Form 4549. If the taxpayer does not sign the Form 4549, the Commissioner ordinarily must issue a notice of deficiency before the tax deficiency may be assessed and collected. Mr. Champion signed the Forms 4549 on petitioner’s behalf pursuant to the authority petitioner granted to him in the Form 2848. Pursuant to the Form 2848, petitioner authorized Mr. Champion “to perform any and all acts” that petitioner could perform with respect to his taxes for 1995 through 1998, including “the authority to sign any agreements, consents, or other documents”. Thus, petitioner authorized Mr. Champion to sign an agreement with respect to petitioner’s tax liabilities for 1995 through 1998 and to consent to the immediate assessment and collection of those liabilities. An executed Form 2848 gives the person holding the power of attorney the authority to sign a consent agreement on behalf of the taxpayer. See, e.g., Scherr v. Commissioner, T.C. Memo. 1991-92 (the person holding the power of attorney was authorized to sign a consent agreement extending the period for assessment). Although Mr. Champion could not sign a return on petitioner’s behalf, we have previously found that the Forms 4549 were not returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011