BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
XXXXX,
Petitioner, :
:
v. : INFORMAL DECISION
:
: Appeal No.
90-1499
COLLECTION
DIVISION OF THE :
UTAH STATE TAX COMMISSION, :
: Account
No. XXXXX
Respondent. :
_____________________________________
STATEMENT OF CASE
Petitioner
appeals the assessment of $$$$$ in late payment penalty and $$$$$ in interest
against his XXXXX individual income tax liability. Pursuant to the Utah Administrative Procedures Act and the rules
of the Tax Commission, this matter is conducted as an informal adjudicatory
proceeding. As no hearing has been
requested, this decision is based upon information contained in the Tax
Commission's file.
FINDINGS
Following
an IRS audit and adjustment of Petitioner's XXXXX federal income tax return,
the Tax Commission notified Petitioner on XXXXX that his XXXXX Utah income tax
liability had been increased by $$$$$.
He was instructed to pay the additional tax and associated interest by
XXXXX. On XXXXX, Petitioner paid only
the additional tax due. A $$$$$ late
payment penalty was then assessed against him.
Petitioner bases his request for waiver of penalty and interest on
financial hardship.
DECISION AND ORDER
In
considering Petitioner's request for waiver, the Tax Commission notes
Petitioner failed to file a correct income tax return for XXXXX, then failed to
file an amended tax return, and thereafter failed to promptly pay the tax which
was assessed following an audit of that return. Financial hardship does not constitute reasonable cause for
failure to pay tax liabilities. The Tax
Commission therefore denies Petitioner's request for waiver of penalty and
interest. It is so ordered.
DATED
this 14th 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