91-0329 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0329

: Account No. XXXXX

___________________________

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 period in question is the tax year XXXXX.

3. In XXXXX, Petitioners took their tax papers for the year in question to a professional tax preparer. On XXXXX, the tax preparer sent extension forms to the Petitioners for state and federal taxes. Petitioners filed these extension forms and included with the state extension a $$$$$ prepayment. Petitioners estimated that their tax liability to the state would be no more than this amount, but did not attempt to determine the amount accurately since the tax papers were in the hands of their tax preparer.

4. Petitioners received their completed tax returns from the tax preparer on XXXXX, and Petitioners submitted the completed state tax return with payment for the remaining tax liability on XXXXX. Contrary to Petitioners' expectations, the $$$$$ prepayment was insufficient to validate the extension. In order to validate an extension, a prepayment must be at least 90% of the amount due for the period in question or at least 100% of the previous year's tax liability. Utah Code Ann. 59-10-516; Tax Commission RuleR865-9I-23.

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 penalty and interest assessed in this case should not be waived. Petitioners had the responsibility to follow up more closely with their tax preparer, particularly as the deadline for filing tax returns approached. Additionally, when Petitioners filed their extension, Petitioners could have contacted the tax preparer and obtained information to more accurately estimate the amount of the prepayment that should have been submitted. In the final analysis, the tax return and the remaining tax liability were submitted untimely, with no valid extension being filed because of the lack of a sufficient prepayment. The penalty and interest were properly assessed.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty and interest associated with Petitioners' income tax for the tax year XXXXX. It is so ordered.

DATED this 7th day of June, 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