91-0465 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

__________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

: Appeal No. 91-0465

: 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. The Petitioner appeared on his own behalf.

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 XXXXX.

3. The Petitioner filed his individual income tax return for XXXXX in a timely manner, thereby establishing his tax liability of $$$$$. The liability was reduced to $$$$$ by a $$$$$ credit for taxes previously withheld.

4. The Petitioner was unemployed at the time his XXXXX tax liability came due. He had also suffered reverses in various business endeavors. As a result, he could neither pay nor borrow funds to satisfy his tax liability.

5. The Petitioner subsequently agreed to pay his tax liability on an installment basis. The Petitioner was able to pay his entire tax liability and associated interest by XXXXX, earlier than required by his installment payment agreement.

6. The Petitioner has been assessed a penalty of $$$$$ for late payment of the XXXXX tax liability.

CONCLUSIONS OF LAW

Utah law authorizes imposition of a 10% penalty for late payment of tax. (Utah Code Ann. 59-1-401(2).)

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 seeks waiver of the 10% late payment penalty assessed against his XXXXX income tax liability. The Petitioner concedes he failed to make timely payment of his tax liability for that year. However, he cites his financial circumstances at the time the tax was due and his subsequent success in paying the tax as a basis for waiver of penalty.

As noted above, the Commission is authorized to waive or reduce such penalty upon a showing of reasonable cause. Reasonable cause, as determined by the Commission, is a cause which arises despite ordinary care and prudence exercised by the taxpayer. A taxpayer's failure to reserve sufficient funds to pay income tax liability when that liability comes due does not constitute ordinary care and prudence. The Commission therefore holds that the Petitioner has not established reasonable cause for his late payment of the tax in question.

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

DATED this 15th day of July, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes*

Commissioner Commissioner