BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: )
: INFORMAL
DECISION
XXXXX ) Appeal No. 91-0853
: 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
The
Petitioner's calendar year ended XXXXX and on or before the due date Petitioner
requested a six month extension in which to file its tax return but Petitioner
did not enclose any payment with its application for extension.
Thereafter,
Petitioner filed the required tax return within the extension period and it
showed a minimum corporation franchise tax in the amount of $$$$$, which amount
was paid with the filing of the tax return.
The extension request was deemed to be invalid because of the failure to
comply with the payment requirements, so a $$$$$ late filing penalty and a
$$$$$ late payment penalty were both imposed, making the penalty amount 100% of
the tax due.
DECISION AND ORDER
In
view of the small amount of tax due, and the fact that the Petitioner did file a
timely extension request, even though it was without payment the Commission
exercises its discretion to waive the late filing penalty, but does not elect
to waive the late payment penalty.
The
Tax Commission finds sufficient cause does exist to waive the late filing
penalty, but does not exist to waive the late payment penalty associated with
the Corporation Franchise Tax for the calendar year ending XXXXX and the total
penalty is therefore reduced to $$$$$.
It is so ordered.
DATED
this 8 day of August, 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