86-0173 - Sales and Use

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0173

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 $$$$$ late filing penalty on individual income tax account No. XXXXX for the tax year XXXXX.  An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission.  XXXXX, Tax Appeals Supervisor, and David J. Angerhofer, Hearing Officer, heard the matter for the Tax Commission.  XXXXX represented himself.

            Petitioner stated that he has no copy of the XXXXX Utah state tax return, but that he is certain he did file it timely.  Petitioner asserted that either the Post Office or the Tax Commission misplaced the return.  Petitioner requests a waiver of the $$$$$ late filing penalty.

FINDINGS

            The tax for the tax year XXXXX amounted to $$$$$. W-2 withholding for XXXXX was $$$$$.  Petitioner received a refund of $$$$$ plus $$$$$ in interest for a total refund of $$$$$.  The Tax Commission paid the $$$$$ with warrant No. XXXXX, issued on XXXXX.

            Respondent later determined that the XXXXX return was filed late, assessed a $$$$$ penalty and, on April 10, XXXXX, applied $$$$$ from the XXXXX tax refund to the penalty for the tax year XXXXX.  Petitioner was originally entitled to a refund of $$$$$ for the tax year XXXXX.  Respondent applied $$$$$ of this refund to the penalty outstanding for the tax year XXXXX, and refunded the remaining $$$$$ to Petitioner with warrant No. XXXXX, issued on XXXXX.

            On XXXXX, the late penalty was abated and the $$$$$ previously withheld from the XXXXX refund was refunded to Petitioner with warrant No. XXXXX, issued on XXXXX.

            All three warrants have been cashed by Petitioner.  The sum of the three warrants represents the full amount of the refunds for XXXXX and XXXXX to which Petitioner was entitled.  Since Petitioner has already received the full refund for XXXXX and full refund for XXXXX, and since the late filing penalty has already been abated, Petitioner has no standing to again request a waiver of the penalty.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty for the tax year XXXXX be denied since Petitioner has received full refunds for the tax years XXXXX and XXXXX, and since the previously assessed late filing penalty has already been abated.

            DATED this 9 day of January, 1987.

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