91-0729 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0729

: 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. Present and representing the Petitioner 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 periods in question are XXXXX and XXXXX.

3. During the years in question, and other years, XXXXX was involved as either an employee or independent contractor with a business owned by his father. With respect to XXXXX, he worked part of the year as an employee and the remainder as an independent contractor. Due to the company's financial difficulties, it was unable to pay him, which resulted in XXXXX having insufficient funds to pay his tax liability. He did not file his return for that year until XXXXX. When filed, the return established a tax liability of $$$$$ of which $$$$$ had been paid through withholding, leaving a balance due of $$$$$. A 10% penalty for late filing and an additional 10% penalty for late payment was assessed, together with associated interest.

4. With respect to XXXXX, XXXXX worked for his father's company as an employee. He was aware that his employer had failed to pay the withholding tax due. As a result, he believed that he could not deduct the tax withheld from his wages against his tax liability. He did not file a tax return until XXXXX, which return established a liability of $$$$$.

He received a credit for withholding tax of $$$$$, leaving $$$$$ unpaid. A $$$$$ late filing penalty was assessed, together with an additional $$$$$ legal fee.

5. Penalty has been imposed against XXXXX with respect to his income tax liability for each of the years XXXXX through XXXXX.

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 fact that penalty has been imposed against XXXXX for several years, including five years prior to the XXXXX and XXXXX tax years, establishes a consistent pattern of failure to comply with the requirements of Utah's individual income tax law. With respect to the two years in question, he failed to file income tax returns until substantially after the filing deadline. Even if XXXXX lacked funds to pay his tax liability, he could have filed the tax returns within the period established by law.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty or interest associated with XXXXX and XXXXX income tax liability. His request for waiver is therefore denied. It is so ordered.

DATED this 17th day of October, 1991.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes*

Commissioner Commissioner