90-1682 - Corporate Franchise

 

BEFORE THE UTAH STATE TAX COMMISSION

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In Re:                                                                           )

                                                                                    :           INFORMAL DECISION

XXXXX                                                                                  )

                                                                                    :           Appeal No. 90-1682

                                                                                    :

                                                                                    :           Account No. XXXXX

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STATEMENT OF CASE

            This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings.  No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

            The Petitioner filed for an extension of its XXXXX corporation income and franchise filing date.  As had been its custom in previous years, the Petitioner did not include payment of any estimated tax due.

            When the Petitioner filed its return at the end of the extension period, it included payment of its entire tax liability of $$$$$.  Because the Petitioner had not included payment of its tax liability at the time it filed for an extension, Tax Commission staff considered the Petitioner's extension request to have been ineffective.  A late filing penalty of $$$$$ was imposed, along with a $$$$$ penalty for Petitioner's failure to include tax payment with the extension request.  Later, when the Petitioner submitted its tax payment of $$$$$, that payment was applied first to accrued penalty and interest.  As a result, a portion of the tax liability remained unpaid.  Another $$$$$ penalty was imposed for late payment.  Finally, a $$$$$ "legal fee" was assessed, for a total penalty of $$$$$.

DECISION AND ORDER

            Prior to XXXXX, the Tax Commission would have recognized the Petitioner's extension request, even though payment of the tax was not included with the request.  After XXXXX, an extension request that did not include payment of the tax liability was considered ineffective.  This change in practice may have contributed to the Petitioner's failure to properly file and pay its tax liability.  The Tax Commission finds sufficient cause does exist to waive all but $$$$$ of the penalty associated with the corporation income and franchise tax for the XXXXX period.  The Petitioner's liability for interest for the XXXXX period is not waived, but will be recomputed in accordance with this decision.  It is so ordered.

            DATED this 10 day of April, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner