88-1230 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

v. : AND FINAL DECISION

: Appeal No. 88-1230

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, : Acct No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Rules of Administrative Procedure and the Administrative Procedures Act for formal adjudicative proceedings on XXXXX. James E. Harward, Hearing Officer, heard the matter for and in behalf of the Tax Commission. XXXXX appeared.

The Tax Commission after reviewing the recommendation of the Presiding Officer and the facts and evidence presented at the hearing makes its:

FINDINGS OF FACT

1. The tax in question is income tax.

2. The period in question is XXXXX.

3. Petitioner was involved in a partnership, a real estate venture in XXXXX from XXXXX to XXXXX. In XXXXX the partnership was dissolved and the CPA who prepared the returns for the partnership left the practice. A new accountant was retained in XXXXX. The Petitioner moved to Utah.

4. The Petitioner did not receive the returns from the CPA in XXXXX and the matter was not handled for several years. Ultimately a new CPA was hired and the returns were filed.

5. The Internal Revenue Service has waived the penalties under the same circumstances.

6. The Petitioner came to the Tax Commission and worked with XXXXX on his own volition to get the taxes paid and to receive a refund of the penalty and interest.

CONCLUSIONS OF LAW

The Tax Commission is granted authority to waive, reduce or abate penalty or interest after making a record of its reasons. (Utah Code Ann. 59-1-401(8).)

DECISION AND ORDER

The Tax Commission, after reviewing the evidence and arguments of the Petitioner, finds sufficient grounds for a reduction of the penalty to $$$$$ a year for the three years in question. The Tax Commission declines to waive any interest. It is so ordered.

DATED this 23 day of June, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner