86-0043 - Income

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX,

:

Petitioner, )

: INFORMAL DECISION

v. )

:

COLLECTION DIVISION OF THE )

UTAH STATE TAX COMMISSION, : Appeal No. 86-0043

) Account No. XXXXX

:

Respondent. )

_____________________________________

STATEMENT OF CASE

An Informal Hearing was held on August 14, XXXXX. XXXXX, Hearing Officer, heard the matter for the Utah State Tax Commission. XXXXX represented the Petitioner.

Petitioner testified that in XXXXX he had a gross income from his business of $$$$$, but in XXXXX, his gross income was $$$$$. He said he lived on the income and did not pay the tax until August because he could not afford to pay. Petitioner said that by August he was able to save enough money to file his return and pay his tax obligation. Petitioner asserted that the penalty assessed by Respondent was excessive and requested a penalty waiver as he was without intent to defraud. Petitioner admitted, however, that since he paid the tax late, he should pay the interest.

FINDINGS

1. Utah Code Ann. 59-14A-89(a) provides for a five percent penalty if the failure to file is for not more than one month, and an additional five percent penalty for each additional month or part of month for which the failure to file continues.

2. The Commission finds that Petitioner was negligent, but acted without intent to defraud the state.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that Respondent properly assessed the penalty, and that the penalty and interest assessment are sustained.

DATED this 7 day of October, 1986.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT

Joe B. Pacheco G. Blaine Davis *

Commissioner Commissioner