87-0040 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, : INFORMAL DECISION

v. :

COLLECTION DIVISION OF THE : Appeal No. 87-0040

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

Respondent. :

_____________________________________

STATEMENT OF CASE

Petitioner requested waiver of penalty and interest associated with the late filing of his XXXXX personal income tax return. No hearing was requested. In a letter dated XXXXX, Petitioner's representative, XXXXX, indicated that his office prepared the original return but was subsequently notified by XXXXX that interest income had not been reported to a XXXXX. XXXXX office prepared an amended return thinking that the original return had been filed and mailed the amended return to the Petitioner who filed it with the amount shown. Subsequently, the Petitioner was notified that the tax had not been paid nor had the Form TC-40 been filed. Petitioner immediately filed the Form TC-40 and enclosed a check for $$$$$ which included both the original tax due of $$$$$ and the amended additional tax due of $$$$$ which had previously been paid.

DECISION AND ORDER

Based on the foregoing facts, it is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty and interest be denied.

DATED this 5 day Of March, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner