88-0696 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0696

UTAH STATE TAX COMMISSION, : Acct. No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission reconsideration of a Commission decision denying a request for waiver of 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 the Petitioner's file served as the evidentiary basis for this decision.

Petitioner, XXXXX, filed an income tax return for XXXXX, but failed to remit the tax with the return. Petitioner was a serviceman in active military duty stationed at XXXXX. Petitioner asserts that he had applied for XXXXX residency and did not consider himself a resident of Utah for tax purposes. Petitioner was notified in XXXXX of the delinquency and has since paid the tax due. Petitioner now requests a waiver of all penalty and interest.

FINDINGS

Although Petitioner asserts that he did not consider himself a Utah resident in XXXXX for tax purposes, Petitioner did file a Utah non-resident income tax return for that year. A review of Petitioner's file reveals that the Petitioner's W-2, dated XXXXX, specifies Utah as the resident state. Petitioner signed the return indicating he knew the tax was due, but failed to remit the tax with the return. Utah Code Ann. 59-14a-87 (1974) provides that interest at the rate of 1% per month may be assessed on all unpaid taxes. Petitioner's failure to remit the tax due denied the state of Utah the use of monies rightfully due it. Therefore, interest assessments are valid and appropriate.

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 and request for waiver of interest be denied.

DATED this 18 day of October, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

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