87-2170 - Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

COLLECTION DIVISION OF THE                          :           Appeal No. 87-2170

            UTAH STATE TAX COMMISSION,            :           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission for an informal hearing on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Tax Commission.  The Petitioner was present.  The hearing was conducted over long distance telephone lines and electronically recorded.

            Petitioner presented evidence that the balance which was due for income tax for XXXXX was $$$$$.  The balance of $$$$$ had been withheld. Petitioner did not have the funds at the time the return was due, but ultimately paid them on XXXXX.  The Petitioner was assessed $$$$$ late filing

and late payment penalty.  Petitioner requests that since the balance was only $$$$$ and was paid within XXXXX that the penalty is excessive and, therefore, requests a waiver.

DECISION AND ORDER

            Based upon the foregoing, it is the Decision and Order of the Utah State Tax Commission that the penalty associated with the late filing and the late payment of the XXXXX income tax was properly assessed.  However, the Tax Commission in its discretion, elects to waive the penalty.

            DATED this 5 day of May, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner