90-1126 - Individual 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. 90-1126

UTAH STATE TAX COMMISSION, :

: Account No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission pursuant to the Petitioner's request to waive the penalties and interest associated with the XXXXX income tax year. A formal hearing date was scheduled for this matter, however, prior to that date the Petitioner requested that any decision made by the Commission on this case be based on the information in the file. Based upon that information, 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. As the result of an audit conducted in XXXXX, it was determined that the Petitioner's XXXXX income tax return had not been received by the Commission.

4. The Petitioner maintained that he mailed the return in a timely manner along with the payment, however, he believes that the return was lost in the mail.

5. The Petitioner submitted a copy of his XXXXX income tax return which was dated by the Petitioner as having been signed on XXXXX. The return, however, also shows that the preparer prepared the return on XXXXX.

6. The Petitioner submitted a copy of his check register and checking account statement in support of his position. The check numbers recorded in the check register do not match the check numbers and amounts listed on the checking account statement.

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 discrepancy regarding the date on which the return was prepared and signed, and the discrepancy between the checking account statement and the check register indicate that the information provided by the Petitioner is not sufficient to establish by a preponderance of the evidence that the return was timely filed and paid.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty or interest associated with the XXXXX income tax year. It is so ordered.

DATED this 27 day of September 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