the penalties for falsly claimimg to be a power of att.

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the penalties for falsly claimimg to be a power of att.

My wife and sis-in-law were made legal power of att. for their sister. We found out my brother in law has claimed to be POA to the IRS. Is this legal and if not what are the penalties

Asked on February 14, 2018 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The penalties depend on what was done by or due to the false claim. It could be tax fraud, if the person falsely claiming used this as a basis to not pay all taxes or claim a refund in someone else's name. It could be theft, if he used the claim of power to take money or property from another, or fraud, if the claim was used to induce or cause someone to enter into a contract or do something; etc. The penalty depends on what is done (or attempted).


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