87-0061 - Corporate Franchise

 

BEFORE THE STATE TAX COMMISSION OF UTAH

___________________________

XXXXX                                                                                  )           FINDINGS OF FACT,

            Petitioner,                                                         :           CONCLUSIONS OF LAW

                                                                                    :           AND FINAL DECISION

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           Appeal No. 87-0061

            UTAH STATE TAX COMMISSION,            :           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This is an appeal to a formal hearing from an informal decision rendered by the Utah State Tax Commission on XXXXX, which decision denied Petitioner's request for waiver, of penalty and interest.  A formal 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 the Petitioner.

            Petitioner did not dispute the findings as set forth in the informal decision but stated that the standard of the Tax Commission for determining reasonable cause for failure to file is too stringent.  The IRS is much more lenient.  Petitioner suggested that if a less stringent standard were used by the Tax Commission, the relationship between the practitioners and the state would be enhanced.

FINDINGS OF FACT

            Petitioner had been a client of XXXXX.  XXXXX took over the practice of XXXXX in the early part of XXXXX.  XXXXX had not filed the return for XXXXX on behalf of Petitioner.  Due to the confusion, XXXXX did not timely file the return for XXXXX.

CONCLUSIONS OF LAW

            Respondent properly assessed penalty and interest or the tax years XXXXX.  The Tax Commission finds no basis on which to waive the penalty and interest.

FINAL DECISION

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

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

            DATED this 9 day of March, 1988.

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