87-0956 - Corporate Income

 

BEFORE THE UTAH STATE TAX COMMISSION OF UTAH

_____________________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL HEARING

COLLECTION DIVISION OF THE                          :           Appeal No. 87-0956

STATE TAX COMMISSION OF UTAH,                  )

            Respondent.                                                     :

______________________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission for an informal hearing on XXXXX.  James E. Harward, hearing officer, conducted the matter for an din behalf of the Tax Commission.  The hearing was held over long distance telephone lines.  XXXXX appeared on behalf of the petitioner.

            The subject corporation prior to XXXXX was a sole proprietorship.  On XXXXX the proprietorship was incorporated all activity for the XXXXX year was reported on personal income returns and all income for XXXXX was reported on corporate income returns.

            On XXXXX a notice was received from the Tax Commission demanding corporate franchise tax for the XXXXX tax year for the two days that the corporation was in existence.  The Petitioner has filed a return, paid the minimum tax due, and has requested a waiver of the penalty and interest.

DECISION AND ORDER

            Based upon the foregoings the Decision and Order of the Utah State Tax Commission that the penalty and interest be waived.

            DATED this 8 day of January, 1988.

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