90-2887 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-2887

: Account No. XXXXX

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STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. Joseph G. Linford, 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 individual income tax.

2. The periods in question are the tax years XXXXX and XXXXX.

3. Petitioner, XXXXX, submitted a letter from his doctor, XXXXX, indicating that XXXXX has been working with XXXXX for approximately two years, and that XXXXX has been diagnosed as having a bipolar disorder which "often affects judgment, and in this case is probably a significant contributing factor to XXXXX's obvious indiscretions in regard to his tax responsibilities."

4. XXXXX testified that in times of depression he was unable to deal with the normal stresses of everyday life, much less with his tax situation. During times of his manic phase he felt that everything was going well and that he did not need to worry about it and, therefore, did not deal with the taxes at that time either. Petitioners now have a C.P.A. helping them with their taxes to enable them to pay them on time.

5. This case originally came before the appeals section for the XXXXX tax year only. During the hearing, XXXXX requested that the XXXXX tax year be decided upon in this decision as well even though the Commission's initial decision on the waiver request for XXXXX had not been received by Petitioner as of the date of the hearing. Following the hearing, the presiding officer discovered that the Tax Commission had recently acted on Petitioners' XXXXX waiver request, which also included on it the XXXXX year which was originally in question in this case. For both years together, the total penalty amounted to $$$$$, and the Commission reduced that penalty to $$$$$. The Commission denied the waiver on the interest. The Commission's reasoning was that if XXXXX was well enough to function in his occupation sufficiently to earn a taxable income, then he should also have been well enough to file and pay his taxes in a timely manner. However, the Commission thought that XXXXX's illness was sufficient cause for a reduction in the penalty.

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 action undertaken by the Commission already for both the XXXXX and XXXXX tax year, the Commission hereby reaffirms that action and its reduction in the penalty amount.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a reduction of the penalty associated with the XXXXX and XXXXX tax years to the amount of $$$$$. Interest is not waived but will be adjusted to account for the waiver of the penalty. It is so ordered.

DATED this 2 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