87-1080 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION OF UTAH

_____________________________________________

XXXXX

            Petitioner,                                                         :           INFORMAL HEARING

v.                                                                                 :

COLLECTION DIVISION OF THE                          :           Appeal No. 87-1080

STATE TAX COMMISSION OF UTAH,                  )           Account 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.  An informal 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 an extension request was filed for XXXXX, but that the Petitioner needed additional time because a number of bank statements and related checks necessary to complete the return were lost.  Petitioner was unable to obtain copies from the bank in time to file the return within the extension period.  The duplicate materials were received on XXXXX, whereupon Petitioner immediately filed the return.  Petitioner requests a waiver of the penalty.

FINDINGS

            The Tax Commission finds that Petitioner was negligent in failing to preserve the records necessary to file the return for the tax year XXXXX.

            Respondent properly assessed penalty and interest in this matter.

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 individual income tax account No. XXXXX for the tax year XXXXX be denied.

            The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 20 day of October, 1987.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

ABSENT