BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX
Petitioner, :
v. : INFORMAL DECISION
COLLECTION
DIVISION OF THE : Appeal No. 87-1035
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 corporation tax account No. XXXXX for the period ending 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 the corporation had planned to liquidate in XXXXX, but that due to
the actions of two dissident stockholders the corporation was liquidated in
XXXXX. This accelerated the due date of
the return by approximately three months.
Petitioner had sold coal property on an installment basis and was
expecting a payment in XXXXX. Had
Petitioner liquidated in XXXXX as originally planned this payment would have
been received in time to pay the Utah tax liability. Since Petitioner liquidated in XXXXX this XXXXX payment was not
received in time to pay the tax on the accelerated due date. Petitioner requests a waiver of penalty and
interest.
FINDINGS
Petitioner
was negligent in failing to apprise itself of the laws of the state of Utah
when it decided to chance its liquidation date which decision accelerated the
due date of the return.
Respondent
properly assessed penalty and interest on this account.
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 corporation tax account No. XXXXX
for the period ending XXXXX be denied.
The
assessment of penalty and interest by the Collection Division of the Utah State
Tax Commission is hereby affirmed.
DATED
this 15 day of October, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
ABSENT