BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: Appeal No. 90-1531
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission upon a Petition for Reconsideration, XXXXX, filed by the Petitioner as a result of the Commission's final decision, dated XXXXX.
1. Utah Administrative Rule R861-1A-5(P) provides that a Petition for Reconsideration "will allege as grounds for reconsideration either a mistake in law or fact, or the discovery of new evidence." Under this rule, the Tax Commission may exercise its discretion in granting or denying a Petition for Reconsideration.
2. The Petition for Reconsideration contends that in the absence of a willful failure on the part of the Petitioner to file and pay the taxes in question in a timely manner, and because of the subsequent payment of the tax amounts in question, "the penalties are reasonably subject to compromise from the statutory maximums." The Petition states that Petitioner has in the past promptly filed and paid its taxes and that the policy of the law with respect to penalties does not exist in this case for the full amount of penalty.
3. The penalty which has been imposed upon Petitioner is a negligence penalty and does not require a willful failure to timely file and pay taxes. It only requires that the taxpayer be negligent in not timely filing and paying its taxes. Such negligence is amply shown in this case. The fact that Petitioner subsequently paid the tax liability is irrelevant. The liability was properly due and Petitioner was required to pay it. The fact that Petitioner has filed and paid taxes timely in the past is insufficient by itself to indicate that a waiver should be granted. Contrary to Petitioner's assertion, the policy of the law regarding penalties does exist in this case for the imposition of the full penalty amount.
DECISION AND ORDER
Based upon the foregoing, it is the decision and order of the Utah State Tax Commission that the Petition for Reconsideration is denied. It is so ordered.
DATED this 28th day of March, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.