What are the legal penalties for representing yourself as a power of attorney

[Zigner]

Except it doesn't work that way.

Hello, I am calling on behalf of a client.
Series of questions asked and answered to determine if legit.
Copy of POA faxed to agent while on the phone.
Additional series of questions asked and answered to determine if legit.
If at any point suspicions arise, problems ensue.

In some instances the POA must already be registered and on file with CAF before an agent will speak to someone at all.

SMH - *I* could "impersonate" on the telephone the two owners of the company that I've worked for for 30 years without missing a beat. Social security #, place(s) of residence for the past 30 years, places of birth, spouse's names, high school's attended, colleges attended, signature(s) on forms, etc. I'm not saying it's proper, but it can be done.

 

[Taxing Matters]

SMH - *I* could "impersonate" on the telephone the two owners of the company that I've worked for for 30 years without missing a beat. Social security #, place(s) of residence for the past 30 years, places of birth, spouse's names, high school's attended, colleges attended, signature(s) on forms, etc. I'm not saying it's proper, but it can be done.

It can be done, but carries high risk. The IRS generally copies the taxpayer on correspondence with the POA, meaning that the taxpayer is likely to find out that something has occurred without his/her permission. Once the taxpayer contacts the IRS and the IRS finds out the fraud/forgery occurred, the person who mislead the IRS is likely to face prosecution. So as I said before, it would be foolish to do it.

Of course everyday we find people who do foolish and stupid things. Unfortunately, as advanced as we are, we have not yet found a way to eliminate the knucklehead gene from human DNA.

 

[Zigner]

It can be done, but carries high risk. The IRS generally copies the taxpayer on correspondence with the POA, meaning that the taxpayer is likely to find out that something has occurred without his/her permission. Once the taxpayer contacts the IRS and the IRS finds out the fraud/forgery occurred, the person who mislead the IRS is likely to face prosecution. So as I said before, it would be foolish to do it.

Of course everyday we find people who do foolish and stupid things. Unfortunately, as advanced as we are, we have not yet found a way to eliminate the knucklehead gene from human DNA.

Oh, did I mention that I screen their mail?

I absolutely understand your point (both of you). I totally understand that, while it may be doable, it's definitely unwise, risky and illegal.

 

[Zigner]

I should mention that the point I really was trying to make is that the OP only asked what the penalties are for representing oneself as a POA when they weren't, in fact, a POA. There are totally innocent scenarios wherein the IRS might never know. We simply do not have enough facts in this matter to give a realistic answer because the question was a bit vague and/or overbroad.

 

[Taxing Matters]

I should mention that the point I really was trying to make is that the OP only asked what the penalties are for representing oneself as a POA when they weren't, in fact, a POA. There are totally innocent scenarios wherein the IRS might never know. We simply do not have enough facts in this matter to give a realistic answer because the question was a bit vague and/or overbroad.

Well, the fact that the OP is asking about penalties suggests that he/she already knows what is contemplated or what has already been done is illegal, so my guess is that is not one of those totally innocent scenarios.

 

[Zigner]

Well, the fact that the OP is asking about penalties suggests that he/she already knows what is contemplated or what has already been done is illegal, so my guess is that is not one of those totally innocent scenarios.

Fair enough