90-1086 - Individual Income

 

BEFORE THE UTAH STATE TAX COMMISSION

________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1086

: Account No. XXXXX

:

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Joseph G. Linford, 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

l. The tax in question is individual income tax.

2. The period in question is the tax year XXXXX.

3. When filing his state and federal income taxes for the year in question, Petitioner completed both the state and federal income tax returns and wrote one check to the federal government and another to the Utah State Tax Commission. Petitioner states that he included the check to the state with his state tax return in the preprinted envelope addressed to the Tax Commission, and that he included the federal return and payment separately in their envelope. Both envelopes, however, went to the IRS processing center and both checks were cashed by the federal government. Petitioner later received a refund from the IRS for the overpayment and has since filed and paid the taxes owed to the state.

4. Because Petitioner did receive both canceled checks from the bank, he assumed that the taxes, both to the state and the federal government, had been paid in full. The error was discovered by Petitioner approximately 16 months later when Petitioner called to inquire about a refund he thought was due him for the XXXXX tax year as a result of the legislature's enactment mandating such a refund to taxpayers from the state's surplus for that year.

5. A perusal of Petitioner's bank statement for the period of time when he wrote out the tax checks shows that Petitioner did have sufficient funds in the bank to pay the taxes in question. Based upon these facts, the Petitioner requests a waiver of the penalty and interest assessed due to the late filing and payment of the taxes in question.

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

The Tax Commission finds that sufficient reasonable cause has been shown for a waiver of the penalty assessed in this case due to the circumstances as outlined above. Interest, however, is not waived because the state was deprived of the tax funds in question for a period of time and should be compensated for that loss of use.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with the XXXXX tax year. Interest is not waived, but shall be adjusted to account for the penalty waiver. It is so ordered.

DATED this 20th day of December, 1990.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner