90-0973 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, : FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

v. : AND FINAL DECISION

COLLECTION DIVISION OF THE : Appeal No. 90-0973

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. Alan Hennebold, Presiding Officer, heard the matter for and on 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 individual income tax.

2. The periods in question are XXXXX.

3. On XXXXX, an audit by Utah State Tax Commission staff established the Petitioner's XXXXX Utah individual income tax liability in the amount of $$$$$. Interest totaling $$$$$ was subsequently assessed for the period from XXXXX, when the XXXXX tax liability and accumulated interest were paid in full.

4. With respect to the Petitioner's XXXXX individual income tax liability, the Petitioner filed his income tax return for XXXXX on XXXXX, thereby establishing a tax liability of $$$$$. Payment of $$$$$ was made at that time, leaving a balance due of $$$$$. Late payment penalty of $$$$$ was assessed against the Petitioner on XXXXX. Thereafter, an additional $$$$$ in interest was assessed for the period from XXXXX until XXXXX. The Petitioner has paid $$$$$, leaving a balance of $$$$$ with interest computed to XXXXX.

5. On XXXXX, the Petitioner filed for bankruptcy in XXXXX, listing the Utah State Tax Commission as an unsecured creditor with a claim of $$$$$ arising from the Petitioner's unpaid XXXXX taxes.

6. The Petitioner believed that his tax liability to Utah was discharged as a result of his bankruptcy. He received no notice of delinquency or other demand for payment from the Tax Commission until XXXXX.

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

In this case, penalty for late payment of tax was imposed against the Petitioner only with respect to his XXXXX income tax liability. The Petitioner concedes payment of the XXXXX tax liability was not made when due, and has presented no reason why the resulting penalty should be waived.

With respect to interest assessed against the Petitionee for delay in paying his income tax liability for XXXXX, the Petitioner contends such interest should be waived due to his good faith belief that the tax had been discharged by his bankruptcy in XXXXX and his lack of notice from the Tax Commission that any additional liability existed. While he may have believed that the tax liability had been discharged, the Petitioner still had use of the tax money in question during the time for which interest has been imposed. The assessed interest is a reasonable charge for the use of the funds during the time they were improperly held by the Petitioner.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify waiver of the penalty and interest associated with the Petitioner's XXXXX individual income tax. The Petitioner's request for waiver is therefore denied. It is so ordered.

DATED this 16 day of January, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner