BEFORE THE STATE TAX COMMISSION OF UTAH
Petitioner, : INFORMAL DECISION
COLLECTION DIVISION OF THE : Appeal No. 87-1182
STATE TAX COMMISSION OF UTAH, ) Acct. No. XXXXX
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 years 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 himself. Petitioner stated that he relocated his law office in XXXXX and that in XXXXX he subsequently relocated his office within the new building. In XXXXX he relocated his residence. During these moves Petitioner lost the records dealing with certain real properties and was unable to file returns for the periods in question. Petitioner paid an estimated tax each year but this was not sufficient to cover the liability. Petitioner later found the records, and an accounting firm prepared the taxes and filed returns for the periods in question. Petitioner stated that the Internal Revenue Service waived its penalties and requests that the Tax Commission do the same.
The Utah State Tax Commission finds that Petitioner was negligent in failing to properly manage his records during the periods in question. Respondent correctly 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 on individual income tax account No. XXXXX for the tax years XXXXX be denied. The assessment of penalty and interest by the Collection Division of the Utah State Tax Commission is hereby affirmed.
DATED this 11 day of December, 1987.
BY ORDER OF THE STATE TAX COMMISSION OF UTAH.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis