Section 5-1502M. Construction--tax matters  


Latest version.
  • In a statutory short form power
      of attorney, the language conferring general authority with  respect  to
      "tax  matters",  must be construed to mean that the principal authorizes
      the agent:
        1. To prepare, sign, and  file  federal,  state,  local,  and  foreign
      income,  gift, payroll, federal insurance contributions act returns, and
      other tax returns, claims for refunds, requests for extension  of  time,
      petitions  regarding  tax  matters, and any other tax-related documents,
      including receipts, offers, waivers, consents  (including  consents  and
      agreements  under  United  States Internal Revenue Code Section 2032A or
      cognate provisions of any successor statute),  closing  agreements,  and
      any  power  of attorney required by the federal internal revenue service
      or other taxing authority with respect to a  tax  year  upon  which  the
      statute  of  limitations has not run and with respect to the tax year in
      which the power of  attorney  was  executed  and  with  respect  to  any
      subsequent tax year;
        2. To pay taxes due, collect refunds, post bonds, receive confidential
      information,  and  contest  deficiencies determined by the United States
      Internal Revenue Service or other taxing authority;
        3. To exercise any election available to the principal under  federal,
      state, local, or foreign tax law; and
        4.  To  represent  the  principal,  or  to designate another person to
      represent the principal, in all tax matters for all tax  periods  before
      the  United  States  Internal  Revenue  Service  and  any  other  taxing
      authority.
        The powers explicitly authorized in the  provisions  of  this  section
      shall  not  be  construed  to diminish any like powers authorized in any
      other section of  this  title,  such  as,  but  not  limited  to,  those
      authorized   in   subdivision  9  of  section  5-1502I  of  this  title.
      Accordingly, such powers as are authorized in any other section of  this
      title  shall  be  construed  as if the provisions of this section do not
      exist.