86-0206 - Individual Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0206

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 penalty and interest on individual income tax account number 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, heard the matter for the Commission. XXXXX represented the Petitioner.

XXXXX filed a joint return for the tax year XXXXX. The total tax due for XXXXX was $$$$$. XXXXX's Utah State income tax withholding for XXXXX was $$$$$. The balance due of $$$$$ was paid on July 31, XXXXX. Respondent assessed a penalty of $$$$$ and interest of $$$$$ as of January 29, XXXXX. On April 14, XXXXX, Petitioner paid the Respondent $$$$$ for the penalties and interest.

XXXXX stated that she does not object to a penalty on the $$$$$ balance but asserted that the penalty was based on the full amount of the tax of $$$$$. The penalty should have been assessed only on the balance due.

FINDINGS

Respondent did not assess a penalty on the full $$$$$ but on the balance due of $$$$$. Respondent assessed a 5% per month penalty pursuant to Utah Code Ann. 59-14A-89(a) (1953) and a $$$$$ late filing penalty pursuant to Section 59-14A-92(1). Respondent assessed penalties and interest since the extension request was not timely filed under XXXXX's social security number.

The extension request was, however, timely filed. A mix-up in the filing of the automatic extension Form TC-546 occurred because it was filed under XXXXX's social security number instead of under XXXXX's social security number. The application for extension, Form TC-546, listed "Your social security number" as XXXXX and "Spouse's social security number" as XXXXX. A joint return was later filed for the tax year XXXXX, listing "Your social security number" as XXXXX and listing "Spouse's social security number" as XXXXX. In other words, the social security numbers were switched on the joint return.

The prepayment requirement of Section 59-14A-62(1) was satisfied. This section requires that the payment accompanying the extension request be at least 80% of the total tax for the current tax year or 100% of the tax paid for the previous tax year. XXXXX's Utah income tax liability for the tax year XXXXX was $$$$$. Her Utah state income tax withholding for the tax year XXXXX was $$$$$. This is in excess of 100% of the XXXXX tax liability.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that the request for waiver of penalty and interest on individual income tax account No. XXXXX for the tax year XXXXX be granted.

Respondent is ordered to adjust its records in accordance with this decision.

DATED this 1 day of December, 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