BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0903
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
STATEMENT OF CASE
This is an appeal to the Utah State Tax Commission from a decision of the Collection Division of the Utah State Tax Commission (Respondent) to assess penalty and interest on corporation franchise tax account No. XXXXX for the fiscal year XXXXX. An Informal Hearing was held on XXXXX in the offices of the Utah State Tax Commission. David J. Angerhofer, Hearing Officer, heard the matter for the Commission. XXXXX represented the Petitioner. Petitioner stated that XXXXX changed its year end for book purposes during the XXXXX year. Consequently, its year end books differed from its year end for tax purposes. A breakdown in communication during this changeover. XXXXX timely filed its federal extension, but assumed that its accounting firm would file the state extension. The accounting firm assumed that XXXXX would file the state extension. Consequently, no state extension was ever filed. Petitioner agreed with the assessment of interest but requested an abatement of the penalty, noting a history of timely filing and the fact that XXXXX is not profitable this year. Respondent assessed a penalty of $$$$$ and interest of $$$$$ as of XXXXX on a tax due of $$$$$. The balance due as of XXXXX amounted to $$$$$.
Petitioner had the burden of proof to establish that Respondent assessed penalty and interest in error. Petitioner failed to meet this burden of proof.
DECISION AND ORDER
It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty on corporation franchise tax account No. XXXXX for the fiscal year XXXXX be denied. The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.
DATED this 5 day of October, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis