86-0269 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,                                                                                 )

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

COLLECTION DIVISION OF THE                          )           Appeal No. 86 0269

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 Acct. No. XXXXX for the tax year XXXXX.  An Informal Hearing was held in the offices of the Utah State Tax Commission on September 9, XXXXX.  James E. Harward, Hearing Officer, heard the matter for Commission.  XXXXX represented himself.

            Petitioner testified that he hand delivered the tax return on April 15, XXXXX, with a check for the proper amount of the tax stapled to the return. On December 20, XXXXX, Petitioner was notified by the Tax Commission that the Tax Commission had not received Petitioner's check.  Petitioner's check register indicates that check XXXXX was written to the tax Commission on April 15, XXXXX, and that check XXXXX was written to the Internal Revenue Service on April 15, XXXXX.

            Respondent assessed a penalty of $$$$$ and interest of $$$$$ on a tax of $$$$$.  Petitioner had the burden of proof to establish that the penalty and interest were assessed in error.  Petitioner met the burden of proof regarding the assessment of the penalty.  However, interest has been properly assessed on the account.  Petitioner had the use of the money from April 15, XXXXX until the date that Petitioner's second check cleared the bank.

DECISION AND ORDER

            It is the decision and order of the Utah State Tax Commission that penalty on account no. XXXXX for the tax year XXXXX be waived.

            The Tax Commission affirms the assessment of interest on this account.

            The Collection Division of the Utah State Tax Commission is ordered to adjusts its records in accordance with this decision.

            DATED this 7 day of October, 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