90-0597 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

__________________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

v. : AND FINAL DECISION

: Appeal No. 90-0597

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 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. On XXXXX, the Petitioner received a letter from the Tax Commission Auditing Division informing him that his income tax return for XXXXX had not been filed. That was the first time the Petitioner was aware of the requirement for filing and paying state income taxes in Utah.

4. The Petitioner is employed by a XXXXX helicopter firm and is the only employee of the firm in Utah. He is currently assigned to work at XXXXX. The firm for which the Petitioner works did not withhold Utah taxes from his paycheck.

5. From XXXXX, the Petitioner lived in XXXXX while working for the helicopter firm and was not obligated to pay state income tax due to the fact that XXXXX has no such requirement.

6. From XXXXX, the Petitioner was in the XXXXX and did not file state income tax due to the fact that his home state did not require XXXXX, outside of the state of XXXXX, to file income tax with that state.

7. Petitioner testified that because of those circumstances, and also due to the fact that he was advised by friends that under his situation he was not obligated to pay state income taxes in Utah, the Petitioner did not file or pay his Utah income taxes for the year in question.

8. A penalty in the amount of $$$$$ and interest was assessed for the failure to timely file and pay the XXXXX income tax return.

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 not been shown which would justify a waiver or reduction of the penalties and interest associated with the XXXXX income tax year. Therefore, the Petitioner's request to waive the penalties and interest associated with that year is denied. It is so ordered.

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