86-0220 - Individual Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

:

Petitioner, )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0220

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 No. XXXXX for the tax year XXXXX. An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission. James E. Harward, Hearing Officer, heard the matter for the Commission. XXXXX and XXXXX represented the petitioner.

Petitioner accepted an overseas assignment during the tax year XXXXX. Petitioner filed Federal form 2350 to extend the time to file the XXXXX tax return in order to qualify under IRC Section 911 for the foreign earned income exclusion. Petitioner waited until the Federal adjusted gross income was determined before filing a Utah return for the tax year XXXXX. Petitioner filed the Utah return on February 26, XXXXX.

Respondent assessed penalty and interest on the account since the account was not filed by April 15, XXXXX, and noted on the waiver request form that there was no evidence of an extension being properly filed with the Tax Commission.

FINDING OF FACTS

Since the Petitioner established residency outside of the United States for the tax year XXXXX and since Petitioner filed Federal form 2350 in order to extend the time to file Petitioner's XXXXX Federal return, Petitioner did not need to file an extension request with the Tax Commission. Utah Code Ann. 59-14A-62(2)(1953) states:

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.

Petitioner complied with the Utah code regarding extensions. Subsection 1, which does require an extension request does not apply in this case. No penalty and interest are due on Petitioner's account for the tax year XXXXX.

DECISION AND ORDER

It is the decision and order of the Utah State Tax Commission that penalty and interest on Individual Income Tax Account No. XXXXX for the tax 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