89-0530 - Individual Income

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX, )

Petitioner, )

) AMENDED

v. ) INFORMAL DECISION

)

) Appeal No. 89-0530

COLLECTION DIVISION OF THE )

STATE TAX COMMISSION OF UTAH, )

) Acct No. XXXXX

Respondent. )

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission from the denial of Petitioners' request for a waiver of a penalty and interest assessment on Petitioners' XXXXX income tax return. An informal decision dated XXXXX was signed by the Commission which denied Petitioners' request for waiver of penalty and interest. That decision was made in consideration of all the information immediately available to the Tax Commission at that point in time. However, following the issuance of that decision, the following information was discovered which renders necessary a change in the former decision.

Petitioners filed their XXXXX income tax return untimely, and although Petitioners did have an extension for the filing of that return, they did not file the return until after the extension had expired. As a result, penalty and interest were assessed on the late filing of Petitioners' XXXXX income tax return that was filed along with their XXXXX income tax return.

On the XXXXX return, Petitioners qualified for a tax refund which was to be applied to the obligation due on their XXXXX return. However, the Petitioners' hand written social security number on the tax forms was not completely legible and, therefore, the XXXXX refund was not applied to the XXXXX obligation. Petitioners assumed that the XXXXX refund was so applied and their obligation satisfied. Because the computer did not show that obligation as being satisfied, an additional assessment of penalties was added to Petitioners' XXXXX income tax.

FINDINGS

Utah Code Ann. 59-1-401 and59-1-402 (1989) provide that penalties and interest shall be assessed for failure to file timely tax returns. Utah Code Ann.59-1-401(8) (1987 Rep. 1989 Supp.) provides that the Commission upon reasonable cause shown may waive or reduce penalties or interest assessed under the above statutes. Such reasonable cause has been shown for a waiver of a portion of the penalties and interest assessed after the XXXXX refund that should have been applied to the XXXXX income tax due.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioners' request for waiver of the penalties and interest assessed is granted in part. The penalty is therefore reduced to $50 and the interest is reduced by that amount which accrued after the time when the 1987 refund should have been applied. It is so ordered.

DATED this 7th day of November, 1989.

FOR THE COMMISSION

G. Blaine Davis

Commissioner