88-0053 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

:

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0053

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 Petitioner's XXXXX income tax return. Pursuant to Utah Code Ann. 63-46b-5(1)(b), no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision. Petitioner, XXXXX, failed to file a timely XXXXX income tax return. The return was received by the Commission XXXXX, XXXXX days after the due date. Petitioner was in the process of relocating to Idaho and had difficulty in accumulating the records necessary to file an accurate and timely return.

FINDINGS

Utah Code Ann. 59-1-401(1)(b) stipulates that a penalty of the greater of $$$$$ or 10 percent of the tax due shall be assessed for failure to file a timely tax due or no tax due return. Additionally, if the tax is not paid within 90 days of the due date, a penalty of the greater of $$$$$ or 10 percent of the tax due will be charged. Petitioner's failure to file a timely return opened her to liability for the late filing penalty. However, because the Petitioner did file the return and remit the tax due within the 90 day period, there is no liability for late payment penalty. It should be noted that Petitioner could have filed a request for an extension in order to avoid the late payment penalty.

DECISION AND ORDER

Based on the foregoing facts, it is the decision of the Commission that the request for a waiver of late payment penalty be granted. The request for a waiver of late filing penalty and 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