BEFORE THE UTAH STATE TAX COMMISSION
In Re: ) INFORMAL DECISION
XXXXX ) Appeal No. 91-0458
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.
Petitioner timely filed its XXXXX Corporation Franchise Tax Return, but the check was not received by the Tax Commission for payment of the amount of tax of $$$$$. A late payment penalty was imposed in the amount of $$$$$, together with interest in the amount of $$$$$.
As soon as the Petitioner was notified that the check was not enclosed, they stopped payment on the check which they allege had been enclosed and mailed another check for the amount of tax, which was received on XXXXX. The Petitioner believes the check was enclosed with the return, and that it was the Tax Commission that lost the check which had been mailed. Of course, there is no proof of who lost the check, nor is there any proof that the original check was ever sent. However, the Commission waived the penalty on the initial request. Petitioner now requests that the Commission waive the interest because of the alleged fault of the Tax Commission. Petitioner therefore urges that they should not be required to pay interest.
DECISION AND ORDER
Interest is not dependent upon who is or is not at fault, but is imposed on the loss of the use of the money. Since the Petitioner had the money in its checking account during the time it was not received by the Tax Commission, and further because there is no proof that it was the Tax Commission's fault, the Commission declines to waive the interest.
The Tax Commission finds sufficient cause does not exist to waive the interest associated with the Corporation Franchise Tax Return for the fiscal year ended XXXXX. It is so ordered.
DATED this 8 day of August, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes