86-0489 - Corporate Franchise

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,                                                                                 )

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0489

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

                                                                                    :

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

            This matter came before the Tax Commission on XXXXX, for an Informal Hearing.  James E. Harward, Hearing Officer, heard the matter for the Tax Commission.  This matter was conducted by telephone conference hearing. XXXXX represented the Petitioner.

            The Petitioner presented evidence that the Petitioner is an Indiana company that does very little business in the State of Utah.  States surrounding Indiana and Indiana accept I.R.S. Form 7004 as an extension the state filing purposes.  Petitioner was unaware that the State of Utah did not accept the I.R.S. Form 7004 for an extension.  Once Petitioner learned that the form was not accepted by the State of Utah, the return was filed.  The return was fifteen days late.  Normally, Petitioner did not require an extension, but in XXXXX, Petitioner was in the middle of a full financial audit for the tax year.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that the penalties were properly assessed in this matter.  However, the Tax Commission elects to exercise its discretion to reduce the penalty to $$$$$.

            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