87-0523 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         )

v.                                                                                 )           INFORMAL DECISION

COLLECTION DIVISION OF THE                          )           Appeal No. 87-0523

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 appeared representing the Petitioner.  Petitioner argued that the penalty and interest associated with the late filing of the XXXXX income tax year for XXXXX was due to reasonable cause and not neglect, and therefore, was the Tax Commission could waive the penalty and interest.  The Petitioner cited numerous IRS cases which define reasonable cause.  Although not directly on point, the Petitioner argues that they are similar to the case at hand and would indicate that the facts surrounding this case would be reasonable and therefore the penalty and interest should be waived.

            A. XXXXX died approximately XXXXX.  At the time of his death, XXXXX's wife did not know the extent of the assets.  It took many months to put together the assets and to get the appropriate K-1s, particularly from a corporation name XXXXX.  The return was due on XXXXX, and was filed approximately four months late.  At the time of the filing of the return, a request for waiver of the penalty and interest was made.  However, no record of that can be found at the Tax Commission.

DECISION AND ORDER

            The Commission hereby reduces the penalty to $$$$$ but does not waive the penalty in its entirety.  Petitioner should have filed for an extension when it realized a delay was inevitable.  The assessment of interest is affirmed.  The Commission was denied the use of the money during the period of delinquency.

            DATED this 10 day of September, 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