APPEAL 00-1117

PENALTY & INTEREST

SIGNED 2/9/01

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

PETITIONER, )

) ORDER

Petitioner, )

) Appeal No. 00-1117

v. )

) Account No. #####

TAXPAYER SERVICES DIVISION )

OF THE UTAH STATE TAX )

COMMISSION, ) Tax Type: Penalty & Interest

)

Respondent. ) Judge: Davis

_____________________________________

Presiding:

G. Blaine Davis, Administrative Law Judge

Appearances:

For Petitioner: PETITIONER

For Respondent: Ms. Becky McKenzie, from the Auditing Division

STATEMENT OF THE CASE

This matter came before the Commission on January 22, 2001 for a Status Conference, and was therein converted to an Initial Hearing to be conducted pursuant to the provisions of Utah Code Ann. '59-1-502.5.

When Petitioner filed her 1997 income tax return on the telefile return, she called the Utah State Tax Commission and was instructed to show as the federal tax deduction the amount shown on line J. However, line J contains two separate amounts, and she deducted one-half of the incorrect amount on line J. The problem originates because of a difficulty with the form.

APPLICABLE LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. Utah Code Ann. '59-1-401(10).

DECISION AND ORDER

Based upon the foregoing, the Commission finds that sufficient cause has been shown to justify a waiver of the interest associated with the 1997 income tax return of Petitioner. It is so ordered.

This decision does not limit a party's right to a Formal Hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:

Utah State Tax Commission

Appeals Division

210 North 1950 West

Salt Lake City, Utah 84134

Failure to request a Formal Hearing will preclude any further appeal rights in this matter.

DATED this 9^th day of February , 2001.

____________________________________

G. Blaine Davis

Administrative Law Judge

BY ORDER OF THE UTAH STATE TAX COMMISSION:

The Commission has reviewed this case and the undersigned concur in this decision.

DATED this 9^th day of February , 2001.

Pam Hendrickson R. Bruce Johnson

Commission Chair Commissioner

Palmer DePaulis Marc B. Johnson

Commissioner Commissioner