88-1496 - Income

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88 1496

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 a penalty and interest assessment on Petitioners' XXXXX personal 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, XXXXX, filed a timely XXXXX income tax return but failed to include the tax due with the return. Petitioners were told by their accountant that the Tax Commission would notify them of the actual amount due. In XXXXX, Petitioners contacted the Commission because they had not received any notice regarding their tax. Petitioners were informed by the Commission that their account had been assessed a penalty and interest for failure to pay the tax when their return was filed. Petitioners were also told that payment of the tax, a $$$$$ penalty, and interest would clear their account. Petitioners remitted the amount due and assumed the matter had been taken care of.

Petitioners moved from the state during, XXXXX and in XXXXX filed a Utah part-year resident return and subsequently received a refund on that return. Sometime after that Petitioners received notice that additional penalty and interest charges had been assessed for XXXXX. Petitioners believed there was an error and appealed the assessment. A review of Petitioners' XXXXX account shows a zero balance.

FINDINGS

Petitioners' account was rightfully assessed a penalty for failure to remit the tax due with the return pursuant to Utah Code Ann. 59-1-401(2)(a). Although technically Petitioner could be liable for a late payment penalty as well (although there is a question regarding the actual date the Petitioners remitted the tax due), because Petitioner relied upon information received from the Tax Commission regarding the amount due on their account, and because the account still shows a zero balance, reasonable cause for a waiver of a late penalty has been shown.

DECISION AND ORDER

Based on the foregoing, it is the decision of the Commission that the request for waiver of the additional penalty and interest assessments be granted.

DATED this 27 day of September, 1988.