88-1564 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW

: AND FINAL DECISION

:

: Appeal No. 88-1564

COLLECTION DIVISION OF THE :

STATE TAX COMMISSION OF UTAH, :

: Acct No. XXXXX

Respondent. :

_____________________________________

This matter came before the Utah State Tax Commission for pre-hearing conference on XXXXX. James E. Harward Presiding Officer, heard the matter for and in behalf of the Tax Commission. XXXXX appeared representing the Petitioner. During the course of the pre-hearing conference, the matter was converted to a hearing. Evidence and arguments were taken on behalf of the Petitioner. Based upon the evidence and arguments presented at the hearing and the recommendation of the Presiding Officer of the Tax Commission. The Tax Commission makes its:

FINDINGS OF FACT

1. The Tax in question is Corporate Franchise Tax.

2. The period in question is Fiscal Year XXXXX.

3. On XXXXX the Petitioner filed an extension and paid $$$$$.

4. The return was timely prepared, however was not timely filed. The Taxpayer notes the excellent payment history of the Petitioner.

5. The State and Federal returns were submitted to the Petitioner for signature, the Federal return was timely filed, the State return was not due for another month, so was placed in a reminder file to be filed on the due date.

6. During the course of the waiting period, re-computations were necessary. So the file was pulled, re-computations were made and a corrected return was then placed in the regular file folder instead of a reminder file. The return was, therefore not mailed in a timely fashion.

CONCLUSIONS OF LAW

The Tax Commission is empowered by Utah Code Ann. 59-1-401(8) to waive, reduce or abate penalties upon making a record of its reasons.

DECISION AND ORDER

It is the decision of the Tax Commission that the request of the Petitioner be partially granted in that the penalties associated with the late filing for the XXXXX Corporate Franchise Tax should be reduced to $$$$$. It is so ordered.

DATED this 17 day of February, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner