Truth or B.S.: POA in AL can't be used for IRS in FL....

[atwnsw]

What is the name of your state (only U.S. law)? FL

My wife has been appointed DPOA for her mother who has Alzheimber's disease and stopped paying taxes 3 years ago. Her mother resides in Alabama and that is the state that issued the DPOA to my wife.

Today my wife went to the IRS to get a transcript of all information sent to the IRS during the last 3 years so we could file her taxes. The IRS said that they couldn't give my wife this information because FL requires that the POA specifically include a clause that mentions taxes.

The IRS agent told my wife to go back to the AL courts to have this document drawn up.

Is this possible? With so much misinformation out there and a low level of competency at the IRS office I wanted to gather your input.

For her to fly to AL is very very difficult as the town is in the middle of nowhere and the courts don't move very fast. Is there another way?

Thanks

Anthony

 

[tranquility]

Seems like there were substantial changes in the DPOA laws in FL about a year ago.

Rubin on Tax: NEW FLORIDA DURABLE POWER OF ATTORNEY STATUTE [FLORIDA]

There is no way they have gotten through the courts yet. If the IRS is saying you have to get it (The express power to deal with taxes.), I don't see how you are going to get around it as the statutes COULD certainly mean that.

 

[anteater]

Her mother resides in Alabama and that is the state that issued the DPOA to my wife.

States don't issue powers of attorney. People do.

Would Florida law apply to a POA executed in Alabama by an Alabama resident?

 

[tranquility]

Good question. But, having had tons of problems getting businesses to accept an in-state POA for a principal in the same state as the attorney-in-fact, even though there is a specific statute demanding the business accept it, I'd say--what does it matter? This is the federal government here. (And the attorney-in-fact is trying to enforce the DPOA from Florida.)

If the IRS is not accepting the DPOA, they won't discuss the matter with the OP. She might try to go to the taxpayer advocate and lay out the problem, but I don't know if it would help.

 

[anteater]

Well.. One would think that the IRS would have a more "cosmopolitan" point of view.

 

[atwnsw]

If she went to any IRS location in AL to get a transcript would that solve the issue because it would be in-state?
or
Are we going to have this problem in AL as well?

Thanks in advance.