86-0068 - Corporate Franchise

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

:

Petitioner )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0068

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 on Corporate Franchise Tax Account No. XXXXX for the tax 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 Tax Commission.

Petitioner had requested and received an extension through October 15, XXXXX, for filing a XXXXX Utah state income tax return. Petitioner paid $$$$$, the estimated tax for XXXXX, with the extension request. Petitioner prepared the return by June 15, XXXXX, which return showed a refund due of $$$$$, but misplaced the return and did not file the return until December 7, XXXXX.

Respondent assessed a penalty of 5% per month for two months for a total of $$$$$ because Petitioner had failed to file a return on time. No interest was charged since the tax had been prepaid.

FINDINGS

The penalty of 5% per month, not exceeding 25% of the aggregate, may be assessed if a taxpayer fails to timely file a return. Utah Code Ann. 59-13-27 (1953). However, if it is shown that the failure to file the return is due to reasonable cause and not willful neglect then the penalty shall not be assessed.

There is no willful neglect in this case since Petitioner had remitted $$$$$ with the extension request, an amount greater than the actual tax due.

A $$$$$ civil penalty is properly assessed against any person who, without fraudulent intent, "fails to make, render, sign, or verify any return, or to supply any information within the time required by or under the provisions

of this [Franchise and Privilege Tax] chapter." Utah Code Ann. 59-13-56(1) (1953). Petitioner failed to timely file the Corporate Franchise Tax Return for the tax year XXXXX, and is consequently liable for the $$$$$ civil penalty.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that the penalty on account No. XXXXX for the tax year XXXXX be reduced to $$$$$.

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

DATED this 15 day of October of 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

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.