88-1193 - Corporation Franchise

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-1193

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 corporate 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, XXXXX, failed to file timely corporate returns for XXXXX and XXXXX and was assessed late filing and late payment penalties and interest. This noncompliance was due in part to the fact that XXXXX, President of the petitioning corporation, was out of the country during that period of time. XXXXX asserts that he believed that during his absence all business matters were being handled by his accountants. He also asserts that because he has been diligent in his efforts to correct the errors, he has paid the penalties and interest for the XXXXX tax year and because he never received notification of the tax due, the Commission should be lenient in granting his request for waiver of the XXXXX penalty and interest assessments.

FINDINGS

Utah Code Ann. 59-7-123(2) stipulates that corporate returns are to be made on or before the XXXXX following the tax year. Utah Code Ann. 59-1-128 states that failure to file returns and remit taxes within this time opens the corporate taxpayer to liability for penalty and interest assessments, whether or not the tax is paid "before the discovery of the neglect, in which case the [penalty and interest] amount. . . added shall be collected in the same manner as the tax."

Petitioner's failure to file timely returns warranted penalty and interest assessments regardless of whether Petitioner was notified of the delinquency since the penalty attached XXXXX with interest accruing from that time. Petitioner's absence from the country does not justify a waiver since the ultimate responsibility for tax matters always remains with the taxpayer, whether or not another party has been designated to handle such matters.

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 assessments be denied.

DATED this 27 day of September, 1988.