Under IRC §6603 a taxpayer who believes a tax may be imposed against him/her in the future, but for which has not yet been assessed, may make a cash deposit with the IRS which will serve to stop the running of any interest on that tax at the date of the deposit if that tax is later assessed. One such way a taxpayer might wish to make a deposit would be in a case where the taxpayer believed he/she potentially could be subject to transferee liability.
In the case of transferee liability, an individual becomes liable for another taxpayer’s tax based on certain transfers that were made to that person. In essence, the transferee received assets which the law views as depriving the taxpayer that owed the tax of the ability to pay that tax. In some cases, there may be multiple potential “transferees” that could be found liable.
In Field Attorney Advice 20171801F the issue was whether a person who made such a deposit could direct the IRS to apply some or all of that deposit against the liability of another person found liable for the same liability? And, if the person can direct the transfer, can an attorney-in-fact (that, is, a representative named a Form 2848, Power of Attorney and Declaration of Representative) for that person make that direction?.
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