BEFORE THE STATE TAX COMMISSION OF UTAH
v. : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-0954
UTAH STATE TAX COMMISSION, : 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 individual income tax account No. XXXXX for the tax year 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 Tax Commission. XXXXX represented the Petitioner. Petitioner stated that in XXXXX he paid his Utah State tax liability to the IRS in error. The IRS notified Petitioner in XXXXX that an error had occurred. In the meantime Petitioner was assessed penalty and interest by the Respondent. Petitioner requests leniency for an honest mistake.
Respondent properly assessed the penalty and interest in this matter. Petitioner did not timely remit payment to the Tax Commission. In a letter dated XXXXX, Respondent reduced the penalty to $$$$$ from an original assessment of $$$$$. At a later date, Respondent apparently increased the penalty to the original assessment. The Tax Commission hereby reduces the penalty to $$$$$ based on the correspondence from Respondent to Petitioner but finds no further basis on which to reduce penalty. Interest was properly assessed on this account. The Tax Commission was denied the use of the money during the period in question.
DECISION AND ORDER
Based on the foregoing, it is the Decision and Order of the Utah State Tax Commission that penalty be reduced to $$$$$. Interest shall remain as originally assessed. The Collection Division of the Utah State Tax Commission is hereby ordered to adjust its records in accordance with this decision.
DATED this 9 day of March, 1988.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco