CCA 201207007: Chief Counsel explained Form 2848 use for FBAR matters

Plain-English summary

Chief Counsel advised that a taxpayer may use Form 2848 to authorize a representative in an FBAR matter if the form identifies both the FBAR matter and the related tax periods. The authorization can cover representation before the IRS and other acts permitted by the power of attorney, including requested agreements or consents. The advice also stated that a personal representative's failure to identify that role on Form 2848 was not a problem here because the representative had previously submitted a Form 56 identifying the fiduciary relationship.

Ruling snapshot

• Question: How should Form 2848 identify an FBAR matter and related tax periods?
• Outcome: advice
• Key authorities: IRC § 6501; Forms 2848 and 56

Full text (IRS public release)

ID: CCA_2012012710285066 Number: 201207007
Release Date: 2/17/2012
Office: ----------------------------
UILC: 6501.00-00

From: -------------------------
Sent: Friday, January 27, 2012 10:28:51 AM
To: -----------------------
Cc: ------------------
Subject: FBAR SOL statute extension question

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We have looked into the question you raised with respect to an FBAR statute of limitations extension. The Form 2848 can be used by a taxpayer to provide a power of attorney to a representative in an FBAR matter provided that the form specifically states that the tax matters covered by the power of attorney (section 3 of the Form 2848) include (1) the FBAR matter (e.g., 1040-FBAR Examination or FBAR Form TD F 90-22.1) and (2) the related tax period(s). The Form 2848 can be used to authorize a representative to represent a taxpayer before the IRS and perform acts authorized by the power of attorney with respect to FBAR-related matters, including but not limited to any requested agreements or consents. The facts in this case indicate that the personal representative failed to identify himself as such when he signed the Form 2848. We do not see this posing a problem in this case as the personal representative has previously provided a signed Form 56 which properly identifies his title and fiduciary relationship.

We hope this adequately addresses the questions you raised. If you need further assistance, please do not hesitate to contact me.

Thanks,

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