90‑0094

Income

Signed 4/10/90

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

XXXXX

Petitioner, )

) INFORMAL DECISION

v. )

)

COLLECTION DIVISION OF THE ) Appeal No. 90‑0094

UTAH STATE TAX COMMISSION, )

) Account No. XXXXX

Respondent. )

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Tax Commission. Present and representing the Petitioner was XXXXX.

On XXXXX, the Petitioner filed an extension for the XXXXX income tax year. At that time, the Petitioner miscalculated the amount of estimated tax due and remitted an estimated tax payment in the amount of $$$$$.

The Petitioner's actual tax liability for XXXXX was $$$$$. As a result of the underpayment of taxes, a penalty in the amount of $$$$$ was assessed.

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(8).)

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty and interest associated with the XXXXX income tax year. It is so ordered.

DATED this 4 day of October, 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

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861‑5A‑l(p) and Utah Code Ann. '63‑46b‑14(3)(a).

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