87-0128 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :           INFORMAL DECISION

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           Appeal No. 87-0128

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 Tax Commission.  XXXXX, Petitioner, was present.  Petitioner presented evidence that the return was filed timely with a note indicating that the balance of $$$$$ would be paid as quickly as possible.  On XXXXX, a cashier's check of $$$$$ was sent to the Utah State Tax Commission addressed to the Internal Revenue Service.  Shortly thereafter, the cashier's check was cashed.  A refund check was sent to the Petitioner.  The Petitioner was under the impression that a correction had been made on the return and a refund was issued.  Therefore, no further action was taken.  In XXXXX, a letter was written whereby Petitioner was put on notice that the matter was not resolved.  Immediately on XXXXX, the Petitioner submitted a check for payment in full of the tax of $$$$$.  Thereafter, for approximately for another six months Petitioner was continually beset with bills and demands for payment ranging anywhere from $$$$$ to $$$$$.  Petitioner tried on numerous occasions to resolve the matter.  He was repeatedly told that he would be receiving return telephone calls and letters indicating clarification.  Clarifications were not forthcoming, and repeated demands were made.  Petitioner presented additional evidence that he has repeatedly sent checks with the IRS written on them to the Tax Commission which were cashed.  There is no reason why the $$$$$ would be refunded to the Petitioner if the $$$$$ had been credited.  The penalties and interest would not be as high, and therefore, the Petitioner requests a waiver of the penalty and an appropriate calculation of the interest.

DECISION AND ORDER

            Based upon the foregoing, it is the Decision and Order that the penalty of $$$$$ be waived, and that interest be calculated at %%%%% per year beginning on XXXXX through and including XXXXX, on a principle sum of $$$$$.

            DATED this 7 day of August, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis