88-0525 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0525

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 personal 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, failed to file a timely XXXXX income tax return. The return was received by the Commission XXXXX, XXXXX days after the due date. Petitioners assert that difficulties in completing the federal return caused the delay in filing.

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. Petitioners' failure to file a timely return opened them to liability for a late filing penalty. However, because Petitioners' return and remittance were received within the 90 day period provided by law, there is no liability for the late payment penalty. It should be noted that Petitioners could have filed for an automatic extension in order to avoid the late filing penalty.

DECISION AND ORDER

Based on the foregoing facts, it is the decision and order of the Commission that the request for 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