BEFORE THE UTAH STATE TAX COMMISSION
In Re: : INFORMAL DECISION
XXXXX ) Appeal No. 91-0904
: 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.
The Petitioner timely filed and timely paid his XXXXX individual income tax.
At a later point in time the former employer of the Petitioner Texas Instruments, sent out an incorrect duplicate XXXXX. The Internal Revenue Service changed the income tax return of the Petitioner to include the incorrect income from the 1099R and they also corrected a mathematical computation error which had been made on the Petitioner's tax return. The matter was finally resolved with the Internal Revenue Service by reducing the income back to the amount shown on the original 1099R, but increasing the income by an amount of $$$$$ for the computational error.
The State Tax Commission adjusted for the original change which increased the Petitioner's income, but did not adjust for the change which reduced the Petitioner's income from the original audit. The letter notifying the Petitioner of this change was sent to his former residence and was not forwarded to him until the penalty had been imposed in the amount of $$$$$ for failure to timely pay the additional tax due. The Petitioner promptly paid the tax after receiving notification of the additional tax due.
The Internal Revenue Service ultimately waived all penalties for all transactions.
DECISION AND ORDER
Based upon the foregoing the Commission finds that reasonable cause does exist to waive the penalty, but reasonable cause does not exist to waive the interest.
It is therefore ordered that the Petitioner's request to waive the penalty is granted, but the request to waive the interest is 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