90-0119 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioners, : INFORMAL DECISION

v. :

COLLECTION DIVISION OF THE : Appeal No. 90-0119

UTAH STATE TAX COMMISSION, : Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

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

Petitioners state that a federal extension was included with the state tax return for the year in question and, therefore, penalties should not be assessed in this case. A check of Tax Commission records shows no such extension on file with the Commission.

FINDINGS

Utah Code Ann. 59-1-401 and59-1-402 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 not been shown for waiver of the penalty assessed in this case. There is no record that Petitioners properly filed the extension in a timely manner. Because Petitioners' assertion is unsubstantiated, penalty should not be waived.

DECISION AND ORDER

Based upon the foregoing facts, it is the decision and order of the Utah State Tax Commission that Petitioners' request for waiver of penalty is denied.

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