88-2211 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

            Petitioner,                                                         :

                                                                                    :

v.                                                                                 :           ORDER

                                                                                    :

AUDITING DIVISION OF THE                                :

STATE TAX COMMISSION OF UTAH,                  :           Appeal No. 88-2211

            Respondent.                                                     :

_____________________________________

            This matter came before the Utah State Tax Commission on XXXXX for Formal Adjudicate Proceeding.  James E. Harward, Presiding Officer, heard the matter for and in behalf of the Tax Commission.  The Respondent was represented by XXXXX and XXXXX.  XXXXX and XXXXX appeared for the Petitioner.  The parties, after discussion on the record concluded to pay the outstanding tax of $$$$$ and request a waiver of the penalty and interest.  The request for the waiver of penalty and interest is based upon the representations made by the Internal Revenue Service upon which the Petitioner relied.  In addition, one of the Petitioners, XXXXX, passed away in XXXXX.

DECISION AND ORDER

            The Tax Commission, after reviewing the recommendation of the Presiding Officer and the facts and evidence of the case, conclude that the penalty and interest associated with this income tax audit is hereby to be waived.  Based upon the payment of the tax at the time of the hearing, the account is declared closed.  It is so ordered.

            DATED this 22 day of March, 1989.