87-0284 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX                                                                                  )           INFORMAL DECISION

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           Appeal No. 87-0284

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

            Respondent.                                                     :

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STATEMENT OF CASE

            An Informal Hearing was held on XXXXX.  XXXXX represented himself.  James E. Harward, Hearing Officer, heard the matter for the Utah State Tax Commission.  Petitioner testified that in XXXXX, he was in a serious financial predicament and realized that he might not be able to file his tax return by XXXXX.  Petitioner said that he made a call to the Tax Commission to request advice and that he (apparently) received ambiguous information.  Petitioner subsequently made his $$$$$ tax payment by XXXXX.  Respondent assessed a $$$$$ penalty. Utah Code Ann.  59-14-89 (Supp. 1986) provides in subsection (a) that if a taxpayer fails to file a return and pay the tax required on or before the date prescribed, i.e., taxpayer files and pays late, there will be assessed the greater of $25.00 or 5 percent of the amount of tax due if the late filing is for less than one month.  Subsection (b) provides that if any part of any deficiency in tax is due to negligence or intentional disregard of the rules and regulations, the greater of $50.00 or 5 percent of the total amount of the deficiency shall be assessed.  Subsection (b) provides for a penalty if the taxpayer pays less than the full amount due, and not if the taxpayer pays late.  Therefore, the penalty assessed should have been $$$$$, or %%%%% of the $$$$$ tax bill.

DECISION AND ORDER

            Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission to deny the request of the Petitioner.

            DATED this 5 day of October, 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