91-0733 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: )

: INFORMAL DECISION

XXXXX )

: Appeal No. 91-0733

: 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 in the amount of $$$$$, together with interest for the late filing and late payment of their XXXXX individual income tax return, which was filed and paid on XXXXX, over two and a half years late.

Petitioners allege that they were from out of state and were stationed at XXXXX. They further allege that they provided all of the information to XXXXX, but that XXXXX negligently failed to include the income of XXXXX. Sufficient facts have not been provided to determine whether or not it was the fault of XXXXX.

DECISION AND ORDER

Based upon the foregoing, the Petitioners have not shown sufficient reason for waiving the penalty which was imposed.

The request of the Petitioners to waive the penalty and interest is therefore denied. 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