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Massachusetts Form 2848: What You Should Know

It is the representation of tax matters that is authorized. The representative authorized to perform any of the following actions: prepare and complete tax returns, file claims and statements, prepare tax forms, review tax returns, determine correct liability for tax, and resolve conflicting returns. A representative is subject to a fee and cannot represent the taxpayer at any place other than the place of the taxpayer's own choosing (i.e., where it can be seen, usually by the taxpayer). The power of attorney allows a taxpayer who wishes to delegate to a person or business the performance of some tasks at the taxpayer's direction and expense. The power provides that the person or business may perform only the specified tasks, unless directed by the taxpayer and with the taxpayer's informed consent; or with the permission of the taxpayer when the delegation of specific tasks is necessary for proper administration of the taxpayer's estate. The power of attorney and declaration of a representative are not legal instruments and are not intended to substitute for the advice of counsel. Neither does this document substitute for the legal services of an attorney. An attorney has the legal right to represent all parties to a contract or agreement and, as such, is required to act in all of their interests and for all the parties to a contract. The power does not replace the legal advice of counsel and is intended to augment and supplement the legal services provided by an attorney.  An attorney who is representing the taxpayer's interest need not be an individual, but may be the taxpayer's attorney or a partnership, sole proprietorship, corporation, LLC, or estate. An attorney may represent more than one person at a time, but the other person(IES) need to represent or agree to represent the taxpayer in the matter. The attorney should determine which other person(IES) are entitled to the representation on the basis of whether they have a duty to represent the taxpayer, whether they have a legitimate need for the representation, and whether they can reasonably be expected to provide the requisite service. An attorney may appoint a lawyer, law firm or other person to act as representative but is not required to do so. It is the attorney's responsibility to determine when to appoint a representative. The taxpayer will serve as the representative and the attorney will represent the taxpayer.

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