90-1585 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-1585

: Account No. XXXXX

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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 underpaid his income tax for the year in question because of the disallowance by the Tax Commission of some of the adjustments included on Petitioner's timely filed return for that period.

4. In XXXXX Petitioner received two notices of delinquent taxes, one listing his social security number and another listing a different social security number. Petitioner contacted the Tax Commission regarding this, and the tax, penalty, and interest amounts at issue in this case were determined for the period in question. In checking further with the Tax Commission, Petitioner was informed that his XXXXX tax return had been filed by the Tax Commission under the wrong social security number and the error had not been noticed until a recent audit, upon which the XXXXX notice was mailed to the Petitioner. Prior to this time Petitioner was unaware that any additional tax was due for the period in question.

5. Petitioner received a notice of taxes due dated XXXXX, which indicated additional amounts for XXXXX and XXXXX but not for XXXXX, the year in question. Petitioner stated that in XXXXX he also received a tax notice, and in checking with the Tax Commission was told that there was nothing owing at that time.

6. Based upon the above facts, Petitioner requests the penalty and interest to be waived.

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

It appears that much of the confusion in this case was caused by the misfiling of Petitioner's tax return for the year in question by Tax Commission personnel. This occurred through no fault of Petitioner. In fact, Petitioner apparently made several attempts to determine the amount of taxes due for this and other periods and was given erroneous information on the period in question.

Based on these facts, the penalty should be waived and interest should be reduced to the point at which Petitioner should have been notified of the XXXXX underpayment. A reasonable time for Petitioner to have been so notified would have been XXXXX, the date of the tax notice which notified Petitioner of taxes due for XXXXX and XXXXX but not for the XXXXX period in question.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty and a reduction of the interest to the amount that Petitioner would have paid if the period in question were included on the XXXXX tax notice. It is so ordered.

DATED this 8th day of February, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner