90-2064 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-2064

: Account No. XXXXX

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Paul F. Iwasaki, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioners 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 income tax.

2. The periods in question are XXXXX and XXXXX.

3. For the XXXXX income tax year the Petitioners had hired an accountant to prepare their XXXXX income tax return. That individual did not file their returns until XXXXX. The delay was believed to be due to the illness of the tax preparer. The exact nature of that illness was unknown.

4. As a result of the late payment and filing of the XXXXX return, the Petitioners were assessed a penalty in the amount of $$$$$.

5. For the XXXXX income tax year, the Petitioners hired another individual to prepare their income tax return.

6. It was believed that an extension had been filed on XXXXX and a prepayment of $$$$$ was credited to the Petitioners' account. Records of the Commission, however, show that although the prepayment was received, the extension itself was not.

7. The Petitioners' XXXXX tax return was filed on XXXXX. When that return was filed, the preparer listed $$$$$ as credit for the income tax that was prepaid rather than the $$$$$ which was actually paid. That error led to an underpayment of tax in the amount of $$$$$.

8. As a result, the Petitioners were assessed a penalty in the amount of $$$$$ for the failure to timely file and pay the taxes due.

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

Based upon the foregoing, the Tax Commission finds that for the income tax year XXXXX, sufficient cause has not been shown which would justify a waiver of the penalty associated with that year.

The Tax Commission further finds that for the tax year XXXXX, sufficient cause has been shown which would justify a waiver of the penalty to an amount of $$$$$. It is so ordered.

DATED this 13 day of March, 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