BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: )
: INFORMAL
DECISION
XXXXX ) Appeal No. 91-0530
: 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.
FINDINGS
Petitioners
were assessed a $$$$$ penalty plus interest for failing to prepay 80% of their
XXXXX income tax return.
A
federal extension form was filed and a state extension prepayment was made in
the amount of $$$$$. However, the total
tax amount for XXXXX came to a total of $$$$$, so Petitioners had not complied
with the 80% payment requirement.
However,
the Petitioners did not owe any tax for the prior year of XXXXX. Therefore, Petitioners did comply with
paying 100% of the prior year amount, and the penalty imposed hereon should not
have been imposed and should now be waived.
DECISION AND ORDER
The
Petitioners' request to waive the penalty herein is granted, but the request to
waive interest is denied because the interest was charged on the additional tax
money for the period that the Petitioners had possession of that tax money and
the State was denied the use of that money.
It is so ordered.
DATED
this 19 day of July, 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