88-0744 - Income

 

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.