86-0960 - Individual Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

                                                                                    :

            Petitioner,                                                         :

                                                                                    :

v.                                                                                 :           INFORMAL DECISION

                                                                                    :

                                                                                    :

COLLECTION DIVISION OF THE                          :           Appeal No. 86 0960

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

                                                                                    :

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            An Informal Hearing was held on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission.  XXXXX, an attorney for the personal representative of the XXXXX, represented the Petitioner.

            At issue is the penalty and interest assessed against Petitioner's XXXXX individual income tax liability.  Petitioner does not request a waiver of penalty and interest, but asserts that the tax, penalty, and interest have been paid and are no longer due and owing.  Respondent's current records show that of the $$$$$ tax, the $$$$$ penalty, and the $$$$$ interest, $$$$$ had been credited to Petitioner's account.  Therefore, a balance of $$$$$ was shown as owing.  However, Petitioner asserts that in XXXXX, Respondent sent the Petitioner a Notice and Demand for Payment of Tax which showed that there was a $$$$$ tax, a $$$$$ penalty, $$$$$ in interest, and a credit of $$$$$, for a balance of $$$$$.  Petitioner paid the $$$$$ to Respondent within 20 days of receipt of the notice.  Petitioner presented photo copies of the XXXXX notice and the check for $$$$$ which Petitioner sent to Respondent.  Once the $$$$$ was paid, the personal representative of the estate concluded that the matter with the Tax Commission was settled and distributed the estate assets.  Petitioner requests that because it cleared its tax liability with Respondent in XXXXX, and because the estate has no funds, this matter be concluded and no claim for the tax be made against the estate.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that Petitioner cleared its tax liability with the Respondent in XXXXX.  Therefore, Respondent's claim against Petitioner is dismissed, and Petitioner's request for waiver of incorrectly assessed penalty and interest is granted.

            The Collection Division is hereby ordered to adjust its records in accordance with this decision.

            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

J B. Pacheco                                                                            G. Blaine Davis

Commissioner   Commissioner