88-0052 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

:

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0052

UTAH STATE TAX COMMISSION, : Acct. No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission for reconsideration of a Commission decision denying a request for waiver of penalty and interest assessments on Petitioners' XXXXX income tax return. Pursuant to Utah Code Ann. 63-46b-5(1)(b), no hearing was held. A review of Petitioners' file served as the evidentiary basis for this decision. Petitioners, XXXXX, filed a timely XXXXX personal income tax return but failed to remit the entire tax due. Petitioners assert that because of the restrictions placed by the state of Utah on their financial institution, XXXXX, they were unable to fully meet their tax liabilities at the time of filing. The balance of the taxes due were received by the Commission XXXXX.

FINDINGS

Utah Code Ann. 59-1-401(2) stipulates that a penalty of the greater of $$$$$ or 10 percent of the tax due shall be assessed for the failure to pay any tax as reported on a filed return. However, Section 59-1-401(7) authorizes the Commission to waive penalties if the Commission finds that the noncompliance was due to reasonable cause. Because the Petitioners' failure to remit the tax was due to circumstances beyond their control, a denial of the request for waiver of penalty would be inequitable.

DECISION AND ORDER

Based on the foregoing facts, it is the decision and order of the Commission that the request for waiver of penalty be granted. The request for a waiver of interest is denied.

DATED this 27 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION

G. Blaine Davis

Commissioner