87-1074 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 87-1074

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 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 Commission.  XXXXX represented herself.

            Petitioner stated that she was required to retire from her teaching career in XXXXX in XXXXX on disability because of the onset of blindness.  Petitioner sold her home and relocated in Utah.  Petitioner's taxes were complicated for the tax year XXXXX because of the sale of the home, the receipt of retirement income, regular income, disability income, and because of moving expenses.  Petitioner had to pay XXXXX taxes, XXXXX taxes, and federal taxes.  Petitioner retained an accountant to help her with her taxes.  The accountant had difficulty finding out what was and what was not taxable on her disability for blindness.  Consequently, Respondent assessed penalty and interest for failure to timely file and pay the taxes due and owing.  Petitioner requests a waiver of the penalty and interest.

FINDINGS

            Respondent properly assessed the penalty and interest in this matter since the taxes were not timely filed and paid.

            However, the Tax Commission, in its discretion, hereby waives the penalty.  Petitioner had made every effort to comply with the law but had become delinquent because of an error on the part of her accountant.

            The assessment of interest in this matter is affirmed.  The Tax Commission was denied the use of the money during the period in question.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that penalty on individual income tax account No. XXXXX for the tax year XXXXX be waived.  The assessment of interest is hereby affirmed.

            The Collection Division of the Utah State Tax Commission is directed to adjust its records in accordance with this decision.

            DATED this 26 day of October, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco