86-0070 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

:

Petitioner, )

v. :

) INFORMAL DECISION

:

COLLECTION DIVISION OF THE ) Appeal No. 86 0070

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 Individual Income Tax Account No. XXXXX for the tax year XXXXX. An Informal Hearing was held on August 18, XXXXX, in the offices of the Utah State Tax Commission. XXXXX, Hearing Officer, heard the matter for the Commission. XXXXX represented the Petitioner.

Petitioner accepted an overseas assignment during XXXXX. In order to qualify for the foreign earned income exclusion under IRC Section 911, Petitioner filed Federal form 2350 to extend the time to file the XXXXX return. It was necessary to wait until the federal adjusted gross income was determined before Petitioner could file a Utah return. Due to the qualification period for the foreign earned income exclusion the earliest date on which the Petitioner could file a expatriate tax return for the tax year XXXXX was March 18, XXXXX.

Respondent assessed a penalty of $$$$$ on Petitioner's account for the tax year XXXXX. There are no other liabilities.

FINDING OF FACTS

Petitioner did not have to file an extension request with the Tax Commission since Petitioner established residency outside of the United States and since Petitioner filed Federal form 2350 to extend the time to file Petitioner's Federal tax return for the tax year XXXXX. Utah Code Ann.

59-14A-62(2) (1953) states that:

Whenever any federal income tax return filing is lawfully delayed pending a determination of qualification for federal tax exemption due to residency outside of the United States, no Utah state income tax return shall be required to be filed until 30 days after that determination is made.

DECISION AND ORDER

It is the decision and order of the Utah State Tax Commission that the penalty on individual income tax Account No. XXXXX for year XXXXX be waived.

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

DATED this 15 day of October, 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