BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
:
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS
OF LAW
v. : AND FINAL DECISION
:
: Appeal No.
88-2480
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, Presiding Officer, heard the matter for and in behalf of
the Tax Commission. XXXXX appeared
representing the Petitioner.
Based
upon the recommendation of the Presiding Officer and the evidence and arguments
presented at the hearing the Tax Commission makes its:
FINDINGS OF FACT
1. The tax in question is income tax.
2. The period in question is XXXXX.
3. The Petitioner filed the XXXXX income tax on
XXXXX. A penalty was assessed of $$$$$.
4. Petitioner requested that the penalty be
waived on the grounds that on the due date of the return the Petitioner's
accountant presented the returns to the Petitioner. On reviewing the returns it was discovered that the accountant
was not apprised of the full circumstances relating to the foreclosure of the
XXXXX supply business and the subsequent repossession and liquidation in
XXXXX. The returns that were prepared
were wrong and needed to be recomputed and resubmitted. Ultimately the returns were prepared and
filed on XXXXX.
5. Petitioner was unable to file a proper
return on the due date. The Petitioner
relied upon a competent tax advisor.
However, the tax advisor did not fully understand or comprehend the
transactions involved in XXXXX resulting in the necessity of redoing the
returns.
CONCLUSIONS OF LAW
The
Tax Commission is granted the authority to waive, reduce or abate penalties and
interest after making a record of its reasons.
(Utah Code Ann. §59-1-401(8).)
DECISION AND ORDER
The
Tax Commission finds Sufficient grounds to grant the request of the Petitioner
and waive the penalty associated with the XXXXX income tax year. It is so
ordered.
DATED
this 22 day of June, 1989.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R.H Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner