BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS OF LAW
v. : AND FINAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-1001
UTAH STATE TAX COMMISSION. ) Acct. No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission on XXXXX. James E. Harward, Hearing Officer, heard the matter for the Tax Commission. XXXXX appeared. The Tax Commission after reviewing the arguments and evidence at the hearing makes its:
FINDINGS OF FACT
1. The Petitioners were residents of the state of Utah for the period XXXXX.
2. The Petitioners properly and timely filed a return for XXXXX.
3. The IRS conducted an audit of the XXXXX tax year on Petitioners. As a result of the audit, the deficiency was assessed. The Utah State Tax Commission was notified of the audit. The Tax Commission completed its own audit based upon the IRS audit and made a determination to assess an additional tax and interest on the Petitioners for the tax year XXXXX.
4. For XXXXX, the Petitioners did not have the money at the time the return was due and, therefore, did not file the return or make the payment as required by law.
5. On XXXXX, Petitioners paid the tax and requested a waiver of the penalty and interest.
6. The XXXXX refund check was applied towards the periods in question.
CONCLUSIONS OF LAW
1. Utah Code requires the assessment of the penalty for the failure to timely file the returns. The penalty was properly assessed for the XXXXX returns. In addition, interest is charged for the use of the money. The interest is properly assessed against the Petitioner.
2. Since the tax monies were paid on XXXXX, no further interest should be charged after that date.
Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that the penalty and interest be affirmed in the amount of $$$$$ penalty and $$$$$ in interest. A portion of that interest has already been paid through the application of the XXXXX refund. No further interest should accrue.
DATED this 23 February, 1988.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis