Tex. Estates Code § 752.114
This is the official text of Tex. Estates Code § 752.114, part of Texas’s Estates Code — governs wills, probate, and estate administration.
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§ 752.114. TAX MATTERS.
Official statutory text
The language conferring authority with respect to tax matters in a statutory durable power of attorney empowers the attorney in fact or agent to:
(1) prepare, sign, and file:
(A) federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act (26 U.S.C. Chapter 21), and other tax returns;
(B) claims for refunds;
(C) requests for extensions of time;
(D) petitions regarding tax matters; and
(E) any other tax-related documents, including:
(i) receipts;
(ii) offers;
(iii) waivers;
(iv) consents, including consents and agreements under Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A);
(v) closing agreements; and
(vi) any power of attorney form required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and 25 tax years following that tax year;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters, for all periods, before the Internal Revenue Service and any other taxing authority.
(1) prepare, sign, and file:
(A) federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act (26 U.S.C. Chapter 21), and other tax returns;
(B) claims for refunds;
(C) requests for extensions of time;
(D) petitions regarding tax matters; and
(E) any other tax-related documents, including:
(i) receipts;
(ii) offers;
(iii) waivers;
(iv) consents, including consents and agreements under Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section 2032A);
(v) closing agreements; and
(vi) any power of attorney form required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and 25 tax years following that tax year;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters, for all periods, before the Internal Revenue Service and any other taxing authority.
Status: in_force · Read it on the official government site
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