86-0004 - Corporate Franchise

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                                     )

                                                                                    :

v.                                                                                             )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                                      :           Appeal No. 86 0004

STATE TAX COMMISSION OF UTAH                               )           Acct. No. XXXXX

                                                                                    :

            Respondent.                                                                 )

____________________________________

STATEMENT OF CASE

            This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess a penalty and interest on Account No. XXXXX for the fiscal year ending XXXXX.  XXXXX (Petitioner) asserts that the franchise tax return was timely mailed on XXXXX.  Respondent asserts that Petitioner filed late without an extension, and Respondent assessed a penalty of $$$$$ and interest of $$$$$ for a total of $$$$$.

            An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission.  XXXXX, Hearing Officer, heard the matter for the Tax Commission.  XXXXX represented the Petitioner.  Respondent was not represented other than through its pleadings.

FINDINGS

            1.  Given the small amount of the tax in question ($$$$$) the $$$$$ penalty assessed by Respondent amounts to a penalty in excess of 100%.  This is an inequitable penalty since no fraud has ever been alleged.

            2.  Check No. XXXXX was prepared by Petitioner on XXXXX in the amount of $$$$$, the tax liability of Account XXXXX for the fiscal year ending XXXXX.  Check No. XXXXX was not deposited until XXXXX.  Check Numbers XXXXX and XXXXX were also prepared by Petitioner on XXXXX.  The latter two checks along with returns for Account No. XXXXX and XXXXX were timely filed with Respondent.

            3.  Petitioner has met his burden of proof to show that the franchise tax return on Account No. XXXXX was timely filed for the fiscal year ending XXXXX.

DECISION AND ORDER

            Based on the foregoing facts and evidence presented at the Hearing, it is the decision of the Commission that the penalty and interest be waived.

            Respondent is hereby ordered to adjust its accounts to reflect this decision.

            DATED this 28 day of May of 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

Mark K. Buchi                                                             R. H. Hansen

Chairman                                                                      Commissioner

Roger O. Tew                                                              Joe B. Pacheco

Commissioner   Commissioner