91-0816 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

___________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-0816

: 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 Petitioners 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 period in question is XXXXX.

3. During XXXXX, Petitioner XXXXX was transferred by his employer from XXXXX to Utah. In connection with the transfer, he received substantial expense reimbursements from his employer. Also as a result of the transfer, Petitioners sold their home in XXXXX.

4. In filing their XXXXX income tax returns, Petitioners were required to elect whether to take the one time capital gain exclusion on the sale of their home in XXXXX. In order to have time to further consider that question, they requested extensions of their state and federal income tax filing deadlines.

5. Petitioners filed their state and federal income tax returns on XXXXX. In completing the returns, they determined they were entitled to a deduction for only $$$$$ out of $$$$$ received as moving expense reimbursement, with the remaining $$$$$ reportable as income. Their state income tax liability was $$$$$, of which $$$$$ had previously been withheld from income, leaving tax due of $$$$$. Petitioners paid the remaining tax with their return.

6. Because Petitioners had not paid at least 90% of their total state income tax liability at the time they requested their extension, an extension penalty of $$$$$ was assessed against them. Subsequently, an additional $$$$$ late payment penalty was also assessed against them.

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

Utah Code Ann. 59-10-516 permits a taxpayer an extension of up to 6 months for filing an income tax return, provided the request for extension is accompanied by payment of the lesser of either (a) 90% of the tax due, or (b) the total amount of tax paid for the previous year. In the present case, Petitioners were first time filers in Utah, and were therefore unable to take advantage of test (b), above. Likewise, due to circumstances surrounding their transfer to Utah and the sale of their home in XXXXX, they were unable to ascertain the amount of their ultimate state income tax liability. Even in the face of the foregoing difficulties, Petitioners actually paid 80% of their ultimate tax liability through withholding.

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 XXXXX individual income tax liability. Their request for waiver is therefore granted. Petitioners' request for waiver of interest is denied. It is so ordered.

Dated this 24th day of October, 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