Filing on behalf of prisoner

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InquiringMinds

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Jurisdiction
Alaska
Hypothetically, if a brother is asked by his incarcerated sibling to file their W-2 tax return on their behalf via email, and that sibling does as requested without a power of attourney, are they committing tax fraud and what are the possible penalties?
 
To clarify: if the brother was asked via the prison-provided electronic communication system, and the brother efiled on behalf of their incarcerated sibling, with full permission from said sibling, but without filing for a power of attourney, would this still be considered fraud under US federal tax code?
 
Hypothetically, if a brother is asked by his incarcerated sibling to file their W-2 tax return on their behalf via email, and that sibling does as requested without a power of attourney, are they committing tax fraud and what are the possible penalties?

Realistically, mate, as in legally speaking never file any IRS or state tax for anyone but yourself UNLESS you are a CPA, tax attorney, or enrolled agent retained to file taxes for a client of yours.

One other exception exists for spouses, as in one spouse can file a joint return for himself/herself and his/her LAWFULLY wedded spouse.



I think the above two responses answer your hypo.....
 
To clarify: if the brother was asked via the prison-provided electronic communication system, and the brother efiled on behalf of their incarcerated sibling, with full permission from said sibling, but without filing for a power of attourney, would this still be considered fraud under US federal tax code?


It might NOT be fraud (per se), but it violates US tax laws.

The scenario you describe didn't legally allow you to file your brother's taxes.

Your brother could legally file his own taxes even while incarcerated.
 
To clarify: if the brother was asked via the prison-provided electronic communication system, and the brother efiled on behalf of their incarcerated sibling, with full permission from said sibling, but without filing for a power of attourney, would this still be considered fraud under US federal tax code?

It wouldn't be tax fraud if the tax return was accurate and the proper taxes were paid.

It could be forgery under criminal statutes but, again, with permission and an accurate return with proper taxes paid it's likely that nothing will ever come of it.
 
Thank you for the response but to clarify further, my question isn't "should someone file", it's if they have already filed, is it illegal and what would the penalties be if it is.
 
Nobody here is clairvoyant.

I mean no disrespect but you don't need to be clairvoyent to know what the legal consequences are for a crime. Like minimum and maximum sentences or fines. I am just looking for information. I am asking on behalf of someone, not for myself. I'm not even American. Just trying to educate myself with some assistance.
 
I mean no disrespect but you don't need to be clairvoyent to know what the legal consequences are for a crime. Like minimum and maximum sentences or fines. I am just looking for information. I am asking on behalf of someone, not for myself. I'm not even American. Just trying to educate myself with some assistance.


If the IRS (or state tax authorities) decided to pursue this, it would probably be as a misdemeanor.

However, if the taxpayer claimed he didn't authorize the filing, or the refund was stolen, things MIGHT become more problematic - as in a felony prosecution.

That said, if you want to know specifics, ask the horse's head (as in the IRS), not his derrière (as in anonymous strangers prowling the inter-webs!!!)
 
Two problems:

1 - You're asking a hypothetical question with too many variables and we don't like hypotheticals because they are a waste of time and can only be answered with useless speculation.

2 - You're giving us second hand information which is also a waste of time.

If the person who filed the tax return is so concerned about potential criminal charges he should be the one consulting a tax attorney.
 
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