86-1844 - Individual Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

                                                                                    :

COLLECTION DIVISION OF THE                          :           Appeal No. 86 1844

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

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission.  XXXXX appeared representing the Petitioners.

            The Petitioners presented argument that they filed and paid the XXXXX tax on time.  However, due to some confusion over an extension, the payment made for XXXXX taxes was applied to previous years without notifying the Petitioners. In fact, Petitioner was unaware of any problems with the XXXXX tax return and payment until XXXXX.  Upon learning of the problems, the Petitioner contacted the Tax Commission and made arrangements for, and finally paid, the tax liability for XXXXX in the sum of $$$$$.  Said payment was made on XXXXX.  Because of the extensive delay in follow through by the Tax Commission, the Petitioner requests a waiver of interest accumulating on the account in the sum of $$$$$.

            The Commission has researched the file and the accounts involving the XXXXX tax year for the Petitioner and find the following:

            1.  An extension request was timely filed by the Petitioners and the estimated tax of $$$$$ was paid.  Sometime in XXXXX the return was filed claiming the entire estimated tax due as a credit rather than the 80% actually paid.

            2.  A letter was prepared on XXXXX, indicating that there was a deficiency of tax due of $$$$$.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that the Petitioner was notified of the deficiency in the tax within a reasonable time. Petitioner chose to do nothing.  Therefore, the accumulated interest on the deficiency is properly assessed.  The Commission is of the inclination that even had he not been notified by the Tax Commission the interest would still be properly assessed.  Therefore, the Commission affirms the assessment of interest and denies the request for waiver of interest.

            DATED this 4 day of February, 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