86-0194 - Individual Income

BEFORE THE STATE TAX COMMISSION OF UTAH

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XXXXX

:

Petitioner )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0194

STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX

:

Respondent. )

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STATEMENT OF CASE

An Informal Hearing was held on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission. XXXXX, Attorney, represented the Petitioners.

The Petitioner argued that Utah Code Ann. 59-14A-89 states that if a failure to pay is due to reasonable cause, the Tax Commission can waive penalties. The Petitioner then argued that the returns were prepared by an outside tax preparer. Because Petitioners' child was ill in mid-April, XXXXX, XXXXX (Petitioner) sent the return without checking to see if there was an accompanying check. A check was not included with the return due to the confusion of Petitioners' child going into the hospital. The Petitioner argues that there was no willful evasion and they would not have known whether the check had cleared their account because the money was simply an add-on to a current loan, and the add-on would not affect the payment. Therefore, the Petitioners did not know that the check had not been made and delivered to the Tax Commission.

DECISION AND ORDER

Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission that the penalty and interest assessment be sustained.

DATED this 7 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 *