88-0589 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX,

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0589

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 filed a timely personal income tax return for XXXXX but failed to remit the tax due as shown on the return. Petitioner later contacted the Commission in order to get a balance for pay-off purposes. Petitioner alleges he was told that a payment of the tax due plus interest would clear his account. Relying on that information, Petitioner remitted the tax due plus interest.

FINDINGS

Utah Code Ann. 59-1-401(2)(a) stipulates that a penalty of the greater of $$$$$ or ten percent of the tax due shall be assessed for failure to pay any tax as reported on a filed return. Petitioner's failure to remit the tax due with the return opened him to liability for the penalty. Although Petitioner was given erroneous information by the Commission, which under some circumstances would be considered cause for waiver, Petitioner should have known at the time of filing that tax was due and that a failure to remit would open him to liability for a penalty assessment.

DECISION AND ORDER

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

DATED this 29 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION

G. Blaine Davis

Commissioner