89-0633 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

:

Petitioner : FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

v. : AND FINAL DECISION

:

: Appeal No. 89-0633

COLLECTION DIVISION OF THE :

STATE TAX COMMISSION OF UTAH )

: 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. Joseph G. Linford, Presiding Officer, heard the matter for and in behalf of the Tax Commission. The Petitioner was represented by XXXXX, C.P.A. There were no representatives from Respondent present at the hearing.

Based upon the recommendation of the Presiding Officer and the facts and evidence 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. During the period in question, Petitioner recognized income from the sale of property which was owned by Petitioner. This sale was unusual for Petitioner and extremely complex. Such a transaction had never before been experienced by Petitioner. Because of the extremely complicated nature of this transaction, involving several parties, it took Petitioner several months to obtain the information needed to prepare and file its return.

4. Petitioner alleges that an extension was prepared and filed. However, no such extension is on file with the Utah State Tax Commission.

5. As a result of the above, the Petitioner's tax return was not timely filed though Petitioner did all it could to file the return timely and did file it as soon as circumstances would permit.

6. Petitioner also alleges that some breakdown in communication between it and the Tax Commission complicated the matter. This breakdown occurred because correspondence from the Tax Commission was sent to the address listed on Petitioner's tax return, which apparently is the address of one of the attorneys involved in the transaction in question. This attorney evidently has not been forwarding such correspondence on to Petitioner, or at least has not been doing so in a timely fashion.

CONCLUSIONS OF LAW

1. 6B Utah Code Ann. 59-1-401 (1987 Rep., 1989 Supp.) provides that penalties shall be assessed for the late filing of tax returns.

2. 6B Utah Code Ann. 59-1-402 (1987 Rep.) provides that interest in the amount of 12% per annum shall be applicable to tax provisions administered directly by the Tax Commission.

3. 6B Utah Code Ann. 59-1-401(8) (l987 Rep., 1989 Supp.) provides that upon reasonable cause shown the Tax Commission may waive or reduce any penalties or interest imposed under the above statutes.

DECISION AND ORDER

The Tax Commission hereby finds that due to the circumstances of this case, i.e., the unusual nature of the complicated transaction involved, the penalty assessed against Petitioner should be and is hereby waived. However, interest in the amount of $$$$$ or such amount as shall be determined by the Collection Division of the Utah State Tax Commission as of the date of this order shall be yet due and payable by the Petitioner. It is so ordered.

DATED this 5th day of October, 1989.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner