Ezel / IRS Rulings / 200909035

CCA 200909035: State-law winding-up authority could support a power of attorney

Number
200909035
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Not Able to Identify Under Present List
Topics
Other topics
Code sections
§ none cited
Ruling dated
July 30, 2008
Publicly released
February 27, 2009
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2009, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2009
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel considered who could authorize a power of attorney for a corporation being wound up. The email recalls a similar matter in which state law allowed the person handling the winding up to engage attorneys and accountants. That authority was treated as also permitting the person to authorize a power of attorney. The same result would apply to the former president in the matter discussed if the relevant state's law provided comparable authority and the other redacted condition was met.

Ruling snapshot

  • Question: Could a former corporate president authorize a power of attorney while winding up the corporation?
  • Outcome: Advice given: potentially yes, if state law gave the winding-up representative the relevant authority and the redacted condition was satisfied.
  • Key authorities: None cited.

Full text (IRS public release)

ID: CCA-730163-08 Number: 200909035
Release Date: 2/27/2009
Office: --------------
UILC: 9999.98-00

From: --------------------------------
Sent: Wednesday, July 30, 2008 5:21 p.m.
To: ---------------------
Cc:
Subject: RE: Validity of Power of Attorney --- Related to 10/17/08 Statute ----------

I think I ran across a similar question some time ago - and I think the answer was that the person authorized to wind up the corporation had the power to engage attorneys, accountants, etc. under state law, and so we felt that they also had the power to authorize a POA. I don't know if ------------- law has the same authority, but if it does I think the former president (assuming he's not in ----------) could authorize the POA.

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