86-0131 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

:

Petitioner, )

: FINDINGS OF FACT,

v. ) CONCLUSIONS OF LAW,

: AND FINAL DECISION

AUDITING DIVISION OF THE )

UTAH STATE TAX COMMISSION, : Appeal No. 86-0131

) Account No. XXXXX

:

Respondent. )

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on the XXXXX. James E. Harward, Hearing Officer, heard the matter for and in behalf of the Tax Commission. XXXXX appeared representing the Respondent. XXXXX appeared representing the Petitioners. Based upon the evidence and arguments presented at the hearing, the adoption of the informal proceedings, and the file before the Tax Commission; the Tax Commission makes its

FINDINGS OF FACT

1. The tax year in question is XXXXX.

2. Petitioners submitted a Utah long form individual income tax return for the tax year XXXXX. In that long form they included as ordinary income the lump sum distribution.

3. Thereafter, the Petitioners filed an amended return for the tax year XXXXX and deducted from ordinary income the lump sum distribution which was reported on their federal income tax ten-year averaging form.

4. The Respondent picked the matter up on a routine audit, adjusted the amended return to include the lump sum distribution as ordinary income.

5. Petitioners have appealed, citing that where there is a conflict of law between Utah Code Ann. 59-14a-13(a)(2) and Utah Code Ann. 59-14a-13(b)(4)(a) that the conflict must be liberally construed in favor of the Petitioner.

CONCLUSIONS OF LAW

1. Utah Code Ann. 59-14a-13(a)(2) provides "(a) there shall be added to federal taxable income other resident or nonresident individual. . . to the ordinary income portion of a lump sum distribution allowable as a deduction under section 402E3 of the Internal Revenue Code to the extent deductible under Section 6211 of the Internal Revenue Code in determining federal adjusted gross income. . . ."

2. For Utah state tax purposes, the ordinary income portion of a lump sum distribution is added to the adjusted gross income of the federal tax purposes.

3. There is no provision in the Utah state code which requires a lump sum distribution appear on an IRS form 1040 before it can be added to the federal taxable income.

4. 59-14a-13(b)(4)(a) requires that pensions and annuities meeting the requirements of section 404(a)(2) of the Internal Revenue Code may be subtracted from federal taxable income. Subsection G limits the deductions to $4,800 for individuals under the age of 65 and $6,000 for individuals over the age of 65. A lump sum distribution is added to federal taxable income for state tax purposes, but a limited deduction is allowed if it is retirement income.

5. No conflict between subsection 13(a)(2) and 13(b)(4a) appears.

DECISION AND ORDER

Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the Respondent properly disallowed Petitioners' request to exclude the ordinary income portion of the lump sum distribution from federal taxable income for the tax year XXXXX. Although the laws of the state of Utah follow to a great extent the Internal Revenue Code, some of the provisions are not followed. One of the provisions is that lump sum distributions that are listed on ordinary income form 4972 (federal ten-year averaging form) will be added back to the adjusted gross income for Utah state tax purposes. This requirement, however, does not conflict with the provisions which allow a limited deduction for lump sum distributions under the Utah Code Ann. Therefore, the Tax Commission declines to grant the request of the Petitioner and finds that the action taken by the Respondent in disallowing a request to exclude from ordinary income the portion of lump sum distribution from the federal taxable income be sustained.

DATED this 4 day of October, 1988.

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