90-3201 - Corporation Franchise

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 90-3201

: 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 corporate franchise tax.

2. The period in question is the tax year XXXXX through XXXXX.

3. Petitioner's bookkeeper timely mailed the tax return for the period in question but inadvertently did not send the check with the return. This mistake was not realized by Petitioner until Petitioner received a Notice and Demand for payment of tax on XXXXX. This notice demanded payment of the $$$$$ tax liability, plus a XXXXX negligence penalty of $$$$$ for failure to pay the tax in a timely manner, and $$$$$, in interest. The following day, XXXXX, Petitioner mailed the tax payment and a request for waiver of the penalty and interest assessments to the Tax Commission.

5. By notice dated XXXXX, Petitioner was notified that its request for waiver of penalties and interest was under review by the Commission and that Petitioner would be notified when a decision was reached.

6. On XXXXX, Petitioner wrote to the Tax Commission regarding Petitioner's waiver request, since Petitioner had not yet received a determination from the Tax Commission. Petitioner again requested that the penalty and interest assessments be waived.

7. On XXXXX, Petitioner wrote another letter to the Tax Commission stating that the Petitioner's waiver request had been under review by the Commission for over XXXXX years. Petitioner included with that letter copies of correspondence between Petitioner and the Tax Commission up to that date. Petitioner requested that the Tax Commission notify Petitioner of the Tax Commission's decision.

8. Another notice dated XXXXX, was sent to Petitioner stating that Petitioner's request for waiver of penalty and interest was under review by the Commission and that Petitioner would be notified within XXXXX days of the Commission's decision.

9. By letter dated XXXXX, the Petitioner was notified by the Tax Commission that Petitioner's request for waiver of penalty and interest had been denied. This appeal from that decision was filed by Petitioner's letter dated XXXXX.

10. It is Petitioner's position that it should not be penalized because of the delay on the part of the Tax Commission in responding to Petitioner's request for waiver of penalty and interest. Petitioner asserts that under the circumstances of this case, the penalty and interest amounts should 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

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty and interest associated with the tax year XXXXX through XXXXX. It is so ordered.

DATED this 17 day of April, 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