91-0053

Corporation Franchise

Signed 9/5/91

 

                   BEFORE THE UTAH STATE TAX COMMISSION

                       ____________________________

 

In Re:                            )    FINDINGS OF FACT,

                                  )    CONCLUSIONS OF LAW,

XXXXX                             )    AND FINAL DECISION

                                  )    Appeal No. 91‑0053

                                  )    Account No. XXXXX

                       _____________________________

 

                             STATEMENT OF CASE

          This matter came before the Utah State Tax Commission for a formal hearing on XXXXX.  Alan Hennebold, 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 XXXXX.

          3.  Payment of the foregoing tax in the sum of $$$$$ was due XXXXX.  The Petitioner filed its return and submitted payment of the tax to the Tax Commission on approximately XXXXX, but the check was never presented to Petitioner's bank for payment.  On approximately XXXXX, Commission staff advised the Petitioner that no tax payment had been received. The Petitioner submitted a replacement check paying the tax in full.

          4.  A non‑payment penalty of $$$$$ was assessed against the Petitioner, together with associated interest.

          5.  Apart from this incident, the Petitioner has filed and paid its tax liabilities in a timely manner.

                            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

          The Petitioner has substantiated with its check register that it did submit timely payment of its tax liability.  The Tax Commission therefore finds sufficient cause has been shown which would justify a waiver of the penalty associated with the Petitioner's XXXXX corporate franchise tax.  However, as interest assessments represent a reasonable charge for Petitioner's use of the funds in question, the Commission declines to waive interest in this matter.  It is so ordered.

          DATED this 5th day of September, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen                      Roger O. Tew

Chairman                          Commissioner

 

Joe B. Pacheco                    S. Blaine Willes*

Commissioner                      Commissioner

 

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in Supreme Court a petition for judicial review.  Utah Code Ann. ''63‑46b‑13(1), 63‑46b‑14(2)(a).

 

*Since the hearing on this case, Commissioner G. Blaine Davis has been replaced by S. Blaine Willes. Commissioner Willes has been duly advised of the facts and circumstances regarding this case, and is qualified to sign this decision.

^^