87-2096 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

COLLECTION DIVISION OF THE : Appeal No. 87-2096

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 XXXXX. A telephone conference hearing was held on XXXXX in the offices of the Utah State Tax Commission. David J. Angerhofer, Hearing Officer, represented the Tax Commission. XXXXX represented the Petitioner.

Petitioner acknowledged that the income tax return for XXXXX was not timely filed but requests a waiver on the basis that on or about the time the return was due, Petitioner was unemployed, his wife had a baby, and he changed his residence. Petitioner stated that he was advised by an accountant not to file until he could pay the money. Petitioner eventually did pay the taxes with his XXXXX return in XXXXX but had to take out a loan to do so. Petitioner stated that he is currently living below the poverty level and requests leniency.

FINDINGS

Petitioner had the burden of proof to establish that Respondent assessed the penalty and interest in error. Petitioner failed to meet this burden of proof. The return was in fact filed late. Utah Code Ann. 59-1-401 (1953) prescribes a penalty for late filing as well as a penalty for late payment.

DECISION AND ORDER

Based on the foregoing 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 13 day of January, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis