BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
Petitioner : FINDINGS OF FACT,
: CONCLUSIONS
OF LAW
v. : AND FORMAL DECISION
:
: Appeal No.
89-1233
COLLECTION
DIVISION OF THE :
STATEMENT
COMMISSION OF UTAH )
: Account
No. XXXXX
Respondent :
_____________________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission for a formal hearing on
XXXXX. Paul F. Iwasaki, Presiding
Officer, heard the matter for and in behalf of the Tax Commission. Present by telephone and representing the
Petitioner were XXXXX, XXXXX and XXXXX.
Based
upon the evidence and testimony 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 Petitioner timely filed his income tax return for the tax year XXXXX. At that time he reported no tax owning.
4.
Due to a sales tax audit conducted by the Tax Commission in XXXXX, there was
assessed additional state income tax in the amount of $$$$$.
5.
Had the Petitioner realized in a timely fashion that additional income tax was
owed for the period in question, the Petitioner could have filed an amended
XXXXX return showing a loss carried forward from XXXXX which would in effect
show him with no income for XXXXX.
Because of the running of the time period in which an amended return
could be filed, that was not done.
6.
The Petitioner did, however, amend his XXXXX return based upon a XXXXX loss
carryback. Petitioner was informed by
the Tax Commission that such a procedure would only be accepted if the Internal
Revenue Service also accepted it. The
Internal Revenue Service did not accept the amendment to the XXXXX return
because the time period had run.
7.
As a result of the additional tax liability of XXXXX the Petitioner was
assessed a penalty in the amount of $$$$$.
CONCLUSIONS OF LAW
The
Tax Commission is granted the authority to waive, reduce, or compromise
penalties and interest upon a showing of reasonable cause. Utah Code Ann. 59-1-401(a).
DECISION AND ORDER
Based
upon the foregoing, the Tax Commission finds that sufficient evidence has not
been shown which would justify a waiver or reduction of the penalties and
interest associated with the XXXXX income tax year. Therefore, the Petitioner's request to waive the penalties and
interest for that year is denied. It is
so ordered.
DATED
this 27th day of February, 1990.
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