86-0472 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX, )

:

Petitioner, )

:

v. ) INFORMAL DECISION

:

)

COLLECTION DIVISION OF THE : Appeal No. 86 0472

STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX

:

Respondent. )

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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 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. David J. Angerhofer, Hearing Officer, heard the matter for the Tax Commission. XXXXX represented himself.

The issue in this case is whether an application for extension, Form TC-546, was timely filed for the tax year XXXXX. Petitioner asserted that Form TC-546 was timely filed on XXXXX. Taxes for XXXXX were $$$$$. W-2 withholding amounted to $$$$$. When Petitioner filed a return on XXXXX, Respondent offset the credit of $$$$$ with the $$$$$ in tax, $$$$$ for the non-game wildlife, and $$$$$ in late filing penalty. This resulted in a net refund of $$$$$.

Petitioner stated that even if Form TC-546 had been misplaced due to an error, the state had the benefit of the $$$$$ (the net refund plus the penalty) for over eight months. Petitioner calculated that, based on a 10% interest rate, the state earned $$$$$.

FINDINGS

Petitioner had the burden of proof to establish that Form TC-546 was timely filed and that Respondent assessed the $$$$$ late filing penalty in error. Utah Code Ann. 59-14A-94 (1953). Petitioner failed to meet the burden of proof.

The Tax Commission is not liable to Petitioner for interest on the refund. Interest is computed beginning ninety days following the date the return was filed. Utah Code Ann. 59-14A-88 (1953). The return was filed on XXXXX. The refund was made on XXXXX. The refund was made within the ninety day period following the filing of the return.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver on individual income tax account No. XXXXX for the tax year XXXXX be denied.

The assessment of penalty by the Collection Division of the Utah State Tax Commission is hereby affirmed.

DATED this 15 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