BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: INFORMAL DECISION
: Appeal No. 90-1120
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.
The issue before the Commission is Petitioners' request for waiver of penalty associated with their XXXXX income tax liability.
On XXXXX, the Petitioners requested an extension for filing their XXXXX individual income tax return. In their application for extension, they estimated their total tax liability to be $$$$$ and they enclosed payment of $$$$$, which was 80% of the estimated liability. On XXXXX, the Petitioners filed their XXXXX tax return, thereby establishing an actual tax liability of $$$$$. They submitted payment of $$$$$ with the return. The Petitioners' tax liability for XXXXX was $$$$$.
Utah law permits a six month extension for filing income tax returns if the taxpayer pays either 80% of his tax liability, or the amount of the prior year's tax liability. Because the Petitioners failed to pay either of the foregoing amounts, an extension penalty of $$$$$ was imposed when their return was filed.
The payment of $$$$$ which accompanied the return was applied first to penalty and interest, leaving a tax liability due of $$$$$. An additional penalty of $$$$$ was then assessed for Petitioners' failure to pay their entire tax liability.
DECISION AND ORDER
Because the Petitioners failed to meet the conditions for obtaining an extension of their filing deadline, a penalty of $$$$$, (2% per month of the unpaid amount) has been imposed. The Petitioners have shown no basis for reducing or waiving that penalty. However, the Tax Commission finds reasonable cause to waive the additional penalty of $$$$$, since an extension penalty has already been imposed. The Tax Commission therefore reduces the penalty imposed against the Petitioners with respect to their XXXXX income tax liability from $$$$$ to $$$$$. Interest is not waived. It is so ordered.
DATED this 9th day of September, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes