90-0017 - Income

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________

XXXXX, )

:

Petitioner, )

: INFORMAL DECISION

v. )

:

COLLECTION DIVISION OF THE ) Appeal No. 90-0017

UTAH STATE TAX COMMISSION, :

) Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission requesting waiver of a penalty and interest assessment on Petitioner's income tax liability for XXXXX. Pursuant to Utah Code Ann. 63-46b-5(1)(b,j) no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision.

Petitioner filed her income tax return for XXXXX on XXXXX, and also paid the tax amount at that time. Petitioner and her husband had filed jointly for XXXXX. She states that she had signed the tax returns and assumed that he had subsequently filed them in time. Petitioner is now divorced from her husband. She did not discover that he had not filed the returns until XXXXX, and when she discovered this she paid the delinquent taxes attributable to her own individual income.

FINDINGS

Utah Code Ann. 59-1-401 and 59-1-402 provide that penalty and interest shall be assessed for the late filing and payment of taxes. Utah Code Ann. 59-1-401(8) provides that upon reasonable cause shown, the Tax Commission may waive or reduce penalty or interest assessed under the above statutes.

Such reasonable cause has been shown for waiver of the penalty in this case because the fault here is in Petitioner's ex-husband's failure to file the returns and is not the fault of the Petitioner. Interest, however, should not be waived because the state has been deprived of the tax funds in question for a period of time and should be compensated for that loss of use.

DECISION AND ORDER

Based upon the foregoing facts, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of penalty is granted and Petitioner's request for waiver of interest is denied. Interest shall be recalculated to take into account the waiver of the penalty.

DATED this 8 day of August, 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