BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
:
Petitioner : FINDINGS OF FACT,
: CONCLUSIONS
OF LAW
v. : AND FINAL DECISION
:
: Appeal No.
89-1451
COLLECTION
DIVISION OF THE :
UTAH STATE TAX COMMISSION :
: 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 and representing the Petitioner was
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.
Petitioner originally filed his income tax return for XXXXX in a timely
manner. At that time he had taken
deductions for certain bad debts in the amount of $$$$$.
4.
Sometime after the due date for the filing of the returns for XXXXX, the
Petitioner was audited by the IRS.
Petitioner cannot remember the date when the audit occurred.
5.
As a result of the audit by the IRS certain deductions which were taken by the
Petitioner on his XXXXX income tax return were denied which in turn increased
his tax obligations.
6.
On XXXXX, Petitioner was notified by the Commission that information provided
from the IRS to the Tax Commission resulted in adjustments to the Petitioner's
XXXXX income tax return.
7.
As a result of those revisions, additional tax in the amount of $$$$$ was
due. Interest in the amount of $$$$$
was assessed.
8.
Petitioner requested a waiver of the interest.
It was the Petitioner's position that the XXXXX income tax return was
filed in good faith and the Petitioner had no intent to defraud the Tax
Commission for taxes due.
CONCLUSIONS OF LAW
The
Tax Commission is granted authority to waive, reduce, or abate penalties and
interest upon the showing of reasonable cause. (Utah Code Ann. §59-1-401(8).)
DECISION AND ORDER
Based
upon the foregoing, the Tax Commission finds that sufficient cause does not
exist which would justify a reduction or waiver of the interest in
question. Therefore, the Petitioner's
request to waive the interest associated with the XXXXX income tax return is
denied. It is so ordered.
DATED
this 21st day of March, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger
O. Tew
Chairman Commissioner
ABSENT
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner