87-1924 to 87-1927 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioners,                                                       :

v.                                                                                 :           INFORMAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal Nos.     87-1924 to 1927

STATE TAX COMMISSION OF UTAH,                  )

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            These matter came before the Utah State Tax Commission for an Informal Hearing on XXXXX.  James E. Harward, Hearing Officer, heard the matter for and on behalf of the Tax Commission.  XXXXX appeared representing the various Petitioners.

            For the income tax year XXXXX the Petitioners were under the impression at the time of the filing that a business loss would be incurred and no income would be generated; therefore, there was no need for filing the returns.  However, the limited partnership from which all of the Petitioners' income was generated requested an extension and ultimately filed a return which attributed income to the Petitioners.

            This required the Petitioners thereby to file their return late. Petitioners request a waiver of the penalty because they relied upon a competent tax counsel and therefore, they have reasonable cause for their failure to timely and properly file their returns.

DECISION AND ORDER

            Based upon the foregoing it is the Decision and Order of the Utah State Tax Commission that the Petitioner request is hereby denied.

            DATED this 2 day of February, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.