88-0722 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-0722

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 a 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 XXXXX personal income tax return showing a refund due the Petitioner. Subsequent verification of the refund by the Commission uncovered an error made by the Petitioner. Correction of the error on the return resulted in tax owing by, rather than a refund due, the Petitioner.

FINDINGS

Utah Code Ann. 59-10-527(1) authorizes the Commission to make "inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax, and assessable penalties)" in accordance with the Utah Tax Code. Utah Code Ann. 59-10-506 authorizes the Commission to prepare returns based on the information given by taxpayers. Any Commission-prepared return is received by the Commission as the return of the taxpayer. Utah Code Ann. 59-1-401(2)(a) provides 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 the filed return. Because the Petitioner filed a refund return, which subsequently was determined to be a tax due return, Petitioner's failure to remit the tax due with the return subjected him to liability for a late payment penalty and interest. However, once it was brought to the attention of Petitioner that the additional tax was due, he made substantial efforts to determine the amount of tax due and promptly pay that amount.

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 and interest be granted.

DATED this 27 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION