91-0812 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0812

: Account No. XXXXX

_________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on 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. Petitioner began a new business in XXXXX. During early XXXXX, after the accounting for XXXXX had been completed, Petitioner discovered that, in Petitioner's representative's words, the receivables were exceedingly high. This expelled paper income through an "S" Corporation. This left no cash flow. The decision was made to file the tax return and pay the monies owed as soon as the receivables were converted to cash. There was no expectation for this problem.

4. Because of these circumstances and the facts asserted by Petitioner that Petitioner has never encountered this difficulty before and has paid his full income taxes for previous years, Petitioner requests that the penalty be waived in this case. The Tax Commission records indicate, however, that penalty and interest were assessed for Petitioner in XXXXX, as well as the year in question.

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 negligence penalty assessed in this case is appropriate. The difficulties which gave rise to the assessment of the penalty and interest were caused by the negligence of the Petitioner.

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 Petitioner's individual income tax for the tax year XXXXX. It is so ordered.

DATED this 27th day of June, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

ABSENT

Joe B. Pacheco G. Blaine Davis

Commissioner Commissioner