BEFORE THE UTAH STATE TAX COMMISSION
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS OF LAW,
XXXXX ) AND FINAL DECISION
: Appeal No. 90-1536
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for a formal telephone 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
1. The tax in question is individual income tax.
2. The period in question is the tax year XXXXX.
3. Petitioner recently moved to her present residence from her former residence and employment in the XXXXX area. While Petitioner was there she was audited by the Internal Revenue Service (IRS) for the year in question and a deficiency was determined by the IRS.
4. On one occasion, while Petitioner was with the IRS auditor assigned to her case, she asked the auditor to call the Utah State Tax Commission to inquire whether any deficiencies existed for the year in question as far as the state was concerned. The IRS auditor talked to someone at the Tax Commission on the telephone while Petitioner was present. The IRS agent told Petitioner that the person from the Tax Commission had said that there were no deficiencies indicated for the year in question on Petitioner's state account, and that absent any further notification to either Petitioner or the IRS agent, Petitioner was to assume that no deficiency would be assessed by the state.
5. Petitioner did not receive any notice of an audit deficiency until XXXXX, when Petitioner was notified that her XXXXX tax refund was being applied to the audit deficiency, which by this time included penalty and interest charges. Petitioner then filed this appeal specifically requesting a waiver of the interest which has been assessed.
6. The letter filed by Petitioner which has given rise to this case, was addressed to one of the Tax Commission's employees in the Appeals Section. Therefore, the letter was sent to the Appeals Section and has been dealt with as a regular appeal. However, Petitioner has not filed a waiver request form for initial action by the Commission before appeal to the Appeals Section, as is the usual procedure. Petitioner requested at the hearing that the case be resolved at the hearing level with the Appeals Section without having to file a waiver request form.
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. S59-1-401(8).)
DECISION AND ORDER
In most instances where an IRS audit discloses a federal tax deficiency, there will also be a corresponding tax deficiency on the state level upon notification to the state by the IRS of the federal tax deficiency. Interest is appropriately assessed from the time this deficiency should have been paid to the time that it is paid. In this case, such interest was assessed as well as a required $$$$$ late payment penalty. Sufficient cause has not been shown to indicate that a waiver of the penalty and interest is appropriate. Regarding the interest charges in particular, the state has been deprived of the use 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 not been shown which would justify a waiver of the penalty and interest associated with the tax year XXXXX. It is so ordered.
DATED this 15 day of February, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco G. Blaine Davis