86-0062 - Corporate Franchise

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

                                                                                    )

            Petitioner,                                                                     :

                                                                                    )

v.                                                                                             :           INFORMAL DECISION

                                                                                    )

                                                                                    :

COLLECTION DIVISION OF THE                                      )           Appeal No. 86 0062

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 penalty and interest on Corporate Franchise Account No. XXXXX for the fiscal year XXXXX.  An Informal Hearing was held on August 15, XXXXX, in the offices of the Utah State Tax Commission.  XXXXX, Hearing Officer, heard the matter for the Commission.  XXXXX represented the Petitioner.

            Petitioner had employed the firm of XXXXX, Certified Public Accountants, to prepare its franchise tax return based on an audit.  All work papers were in the offices of XXXXX.  They were preparing the final draft of the return which was due on February 15, XXXXX, when on February 5, XXXXX, a fire destroyed the offices of XXXXX, and all papers within.  The firm of XXXXX had to start over with a new audit, prepare new work papers, etc., before it could file Petitioner's return on April 22, XXXXX.

            Respondent assessed a penalty of $$$$$ and interest of $$$$$ for a total of $$$$$.  The interest has been properly assessed since Petitioner had the use of the money from the time the return was due until the time the Tax

Commission actually received payment.  However, the Tax Commission waives the penalty on account No. XXXXX, since the circumstances were beyond the Petitioner's control and since the fire occurred so close to the date that the return was due that Petitioner could not have reasonably employed another firm to prepare its return.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that penalty be waived on account No. XXXXX for the fiscal year XXXXX, but that the interest be assessed on this account.

            The Collection Division of the Utah State Tax Commission is ordered to adjust its records in accordance with this Decision.

            DATED this 7 day of October of 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

ABSENT

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner                                                               Commissioner

            * Since the hearing on this case, Chairman Mark K. Buchi has resigned and R. H. Hansen has been appointed as the Chairman for the Commission.  G. Blaine Davis has been appointed as a Commissioner and has been duly advised of the facts and circumstances regarding this case and is qualified to sign this decision.