91-0702 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0702

: Account No. XXXXX

_____________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal telephone hearing XXXXX. Joseph G. Linford, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was XXXXX CPA.

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. When Petitioners filed their request for extension for the year in question, they submitted no prepayment with that extension. This is because Petitioners had no liability for the previous tax year, and Petitioners anticipated no tax liability for the year in question. The reason Petitioners anticipated no tax liability for the year in question is because, based upon advise from their accountant, the taxpayers were under the impression that their fuel tax credit would be sufficient to cover all of their liability remaining at the time of filing for the year in question, so that no further tax was due. When Petitioners filed their tax return, approximately one month after filing the extension, Petitioners discovered that this was not the case.

CONCLUSIONS OF LAW

1. 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).)

2. Utah Code Ann. 59-10-516 and59-10-522 and Utah Administrative RulesR865-9I-23 and R865-9I-25 provide that extensions are valid upon the payment with the extension of 90% of the current year's tax liability of 100% of the previous tax year's liability.

DECISION AND ORDER

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the penalty associated with Petitioners' income tax for the tax year XXXXX. Interest which accrued before the filing of Petitioners' tax return is not waived. Interest accruing after the filing of Petitioners' tax return, if any, is waived. It is so ordered.

DATED this 28th day of June, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner