BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
:
Petitioner : FINDINGS OF FACT,
: CONCLUSIONS
OF LAW
v. : AND FINAL DECISION
:
: Appeal No.
89-1067
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 Utah Rules of
Administrative Procedure and the Administrative Procedures Act for formal
adjudicative proceedings. Paul F.
Iwasaki, Presiding Officer, heard the case for and in behalf of the Tax
Commission. Present and representing
the Petitioners were XXXXX, XXXXX, and XXXXX.
Based
upon the evidence presented at the hearing, the Tax Commission hereby makes
its:
FINDINGS OF FACT
1.
The tax in question is income tax.
2.
The period in question is XXXXX.
3.
The Petitioners timely filed and received an extension for filing their XXXXX
income tax return. At that time, $$$$$
in estimated tax was remitted.
4.
The Petitioners' income tax liability for XXXXX was $$$$$. Of that amount, $$$$$ had been withheld from
their wages during that year. The
amount of withholding combined with the $$$$$ the Petitioners paid at the time
their first request for extension was made left a balance of $$$$$.
5.
Prior to the expiration of the first extension, the Petitioners requested a
second extension within which to file their $$$$$ return. The basis for that request was they needed
additional time to gather information regarding their ownership in two
partnerships and that such information was necessary to properly prepare their
return. At that time Petitioners requested an extension to XXXXX within which
to file their return.
6.
Petitioners filed their return on XXXXX, so the return was 16 days late.
7.
A penalty of $$$$$ was assessed for the late filing and payment of the XXXXX
return.
CONCLUSIONS OF LAW
The
Tax Commission is granted the authority to waive, reduce, or compromise
penalties and interest upon a showing of reasonable cause and upon making a
record of its decision. (Utah Code Ann. §59-1-401(8)).
DECISION AND ORDER
Based
on the foregoing, the Tax Commission does not find sufficient cause to waive
the late filing penalty but finds sufficient cause to waive the late payment
penalty associated with the XXXXX income tax year. The penalty is therefore reduced to $$$$$, and the interest is to
be adjusted. It is so ordered.
DATED
this 29th day of December, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
FOR THE COMMISSION
G. Blaine
Davis
Commissioner