Fred Deutsch - Page 13

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         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.                                             






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