BEFORE THE STATE TAX
COMMISSION OF UTAH
_____________________________________
XXXXX
Petitioner, :
v. : INFORMAL DECISION
:
COLLECTION
DIVISION OF THE : Appeal No. 88-0744
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 interest assessments on
Petitioners' XXXXX 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
filed a timely extended personal income tax return for XXXXX but failed to
include the interest which had accrued on the tax due.
FINDINGS
Utah
Code Ann. §59-10-537(1) stipulates that interest at one percent per month shall
accrue from the normal due date of the return until paid "whether or not
any extension of time for payment was granted." Petitioners' tax owing accrued interest from XXXXX until XXXXX. Following Commission procedure, Petitioners'
tax remittance was applied first to the interest and then to the tax due. This left a balance of tax owing which has
accrued interest to this date.
DECISION AND ORDER
Based
on the foregoing facts, it is the decision and order of the Commission that the
request for a waiver of interest be denied.
DATED
this 27 day of September, 1988.