BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX
:
Petitioner, )
:
v. ) INFORMAL DECISION
:
)
COLLECTION
DIVISION OF THE : Appeal No. 86 0237
STATE TAX
COMMISSION OF UTAH, ) Acct. No. XXXXX
:
Respondent. )
_____________________________________
STATEMENT OF CASE
An
Informal Hearing was scheduled for XXXXX.
The Petitioner did not appear, and subsequently requested an Informal
Decision based on the materials in the file.
Petitioner
asserts that its corporation franchise tax return was filed late because it was
in the process of requesting a change of accounting period from the Internal
Revenue Service. Petitioner desired to
change its tax year end from January 31, XXXXX, to April 30, XXXXX, and
therefore, a short period filing would be required for the period between
February 1, XXXXX, and April 30, XXXXX. The Internal Revenue Service approved
Petitioner's request for change, but not until September 26, XXXXX. Respondent's records indicate that the
return for the short period was filed and the taxes paid on October 15, XXXXX.
FINDINGS
1. Utah Code Ann. § 59-13-18 (1953) provides
that where the taxpayer changes its accounting period from one fiscal year to
another the net income shall with the approval of the Tax Commission be
computed on the basis of such new accounting period. There is no indication in the materials in the file that such
approval was given.
2. Utah Code Ann. § 59-13-19 (Supp. 1986)
provides for a separate return for the period between the close of the former
fiscal year and the date designated as the close of the new fiscal year where
the taxpayer with the approval of the Tax Commission changes its accounting
period from one fiscal year to another.
3. Utah Code Ann. § 59-13-22 (Supp. 1986)
requires that returns made on the basis of a fiscal year shall be made on or
before the 15th day of the 4th month following the close of the fiscal
year. Section 59-13-19 also provides
that the Tax Commission may grant a reasonable extension of time, not to exceed
six months, for filing returns when the Commission finds a good cause exists
for an extension. Petitioner changed
the end of its fiscal year from January 31st to April 30th. Its corporation tax return was, therefore,
due on or before September 15, XXXXX, the 15th day of the 4th month following
the close of the fiscal year.
Petitioner filed its corporation tax return and paid its tax on October
15, 1985, but did not apply for an extension of time in which to file the
return.
DECISION AND ORDER
Based
on the foregoing facts, it is the Decision and Order of the Utah State Tax
Commission that Petitioner's request for waiver of penalty and interest be
denied.
DATED
this 20 day of November, 1986.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger
O. Tew
Chairman Commissioner
ABSENT
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner