87-0917 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

COLLECTION DIVISION OF THE : Appeal No. 87-0917

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

Respondent. :

_____________________________________

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 individual income tax account No. XXXXX for the tax years XXXXX. A telephone conference 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 she filed federal extensions for both the XXXXX tax years and assumed that Utah would accept the federal extensions. Petitioner stated that she did not have a booklet or any instructions which would have informed her of the need to file a State extension. Petitioner objects to the penalty for XXXXX and objects to the assessment of interest. Petitioner also did not know that interest would be charged on the account.

FINDINGS

Petitioner had the burden of proof to establish that penalty and interest were assessed in error. Petitioner failed to meet this burden of proof. The requirements for an extension of time in which to file a return are clearly set forth in Utah Code Ann. 59-14A-62 (1953) (new Section 59-10-516). Petitioner was negligent in failing to review the statute or to obtain and review an instruction booklet. Interest was properly assessed on this account. The Tax Commission was denied the use of the money during the period of delinquency.

DECISION AND ORDER

It is the Decision and Order of the Utah State Tax Commission that Petitioner's request for waiver of penalty and interest on the individual income tax account No. XXXXX for the tax years XXXXX be denied. The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

DATED this 1 September, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT