86-0363 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0363

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 a $$$$$ late filing penalty for each of the tax years XXXXX through XXXXX.  An Informal Hearing was held on XXXXX, in the offices of the Utah State Tax Commission.  David J. Angerhofer, Hearing Officer, heard the matter for the Commission.  XXXXX represented herself.

            Petitioner stated that the delayed filings were made because of conditions beyond her control.  Prior to XXXXX, Petitioner had regularly taken her records to the Internal Revenue Service offices for help in figuring the tax.  From XXXXX on, Petitioner became lost in bureaucratic red tape.  Her materials were apparently lost, a man who usually helped her with her taxes died and the girl who had helped her the previous year went to Italy.  Petitioner wrote many letters and made many phone calls, but these were to no avail. Petitioner moved twice during this period.

            In XXXXX a person at the IRS office helped the Petitioner bring her records up to date.  It was determined that Petitioner would have received the following tax refunds from the state of Utah if she had timely filed:

                        XXXXX Utah State Tax Refund           $$$$$

                        XXXXX Utah State Tax Refund           $$$$$

                        XXXXX Utah State Tax Refund           $$$$$

                        XXXXX Utah State Tax Refund           $$$$$

                        Total Refunds                                       $$$$$

            Respondent denied refunds for the tax years XXXXX through XXXXX because the statute of limitations had run.  However, since there is no statute of limitations for the assessment of a $$$$$ penalty if no return is filed, Respondent assessed a $$$$$ per year penalty for each of the tax years XXXXX through XXXXX, for a total penalty of $$$$$.  Respondent did not offset the penalties against the refunds.

FINDINGS

            Although Respondent correctly applied the Utah statutes by denying the refunds, while at the same time imposing penalties for the tax years XXXXX through XXXXX, the result is inequitable.  Petitioner has already incurred a de facto penalty of $$$$$ by not timely filing for the tax years XXXXX through XXXXX.  To assess an additional $$$$$ penalty without offsetting it against the $$$$$ would be unjust.

DECISION AND ORDER

            The Utah State Tax Commission grants equitable relief in this case, and waives the $$$$$ per year late filing penalty for each of the tax years XXXXX through XXXXX.

            The Commission affirms the denial of a refund for each of the tax years XXXXX through XXXXX.

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

            DATED this 9 day of January, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner