BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX
Petitioner, : FINDINGS OF FACT,
: CONCLUSIONS
OF LAW
v. : AND FINAL DECISION
:
: Appeal No.
89-1874
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 were
XXXXX.
Based
on 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 lost his job in XXXXX.
At the time of his separation, he had approximately $$$$$ in profit
sharing to which he was entitled. Of
that sum approximately $$$$$ represented monies which had to be paid back to
his employer because of loans he had made against such funds over the years.
4.
Petitioner filed an extension for his XXXXX income tax return on XXXXX. He did not remit any money other than that
which was withheld during the course of the income tax year.
5.
Petitioner did not file his income tax return for XXXXX until XXXXX. Petitioner did not pay his income tax
liability at that time.
6.
Petitioner stated that the basis for his delay in filing his return was that he
was waiting for documents and records regarding his profit sharing money from
his employer.
7.
As a result of the late filing and payment of his income tax for XXXXX, the
Petitioner was assessed an extension penalty in the amount of $$$$$ and a
penalty for the late payment of his tax in the amount of $$$$$.
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
In
the present case, the explanation given by the Petitioner as to why he was
delayed in filing his return for XXXXX was not a sufficient reason upon which
to grant a waiver or reduction of the penalties imposed. Here, the Petitioner for a one year period
of time did not file his return with any explanation as to why it may have been
incomplete nor did he remit the sufficient amount of money to either cover the
amount of taxes he had for the previous year or XXXXX of the liability for the
tax year in question as required by the code.
Based
upon the foregoing, the Tax Commission finds that sufficient evidence has not
been shown which would justify a waiver or a reduction of the penalties
involved for the tax year XXXXX, therefore, the Petitioner's request is denied.
DATED
this 4th day of April, 1990.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco G.
Blaine Davis
Commissioner Commissioner