91-0914 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

: Appeal No. 91-0914

: Account No. XXXXX

________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal telephone hearing on XXXXX. Alan Hennebold, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner 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 periods in question are XXXXX, XXXXX, and XXXXX.

3. The Petitioner moved to Utah during XXXXX. He filed his XXXXX individual income tax in a timely manner, but was unable to pay the tax due because of financial difficulties. As a result, a nonpayment penalty of $$$$$ was imposed against him. The Petitioner filed and paid his XXXXX income tax liability in a timely manner. With respect to XXXXX, he filed his income tax return as required, but was unable to pay the balance due of $$$$$, again due to financial difficulties. As a result, penalty of $$$$$ was assessed against him. For XXXXX, the Petitioner again filed his income tax return in a timely fashion, but was unable to pay the tax due of $$$$$. Another $$$$$ nonpayment penalty was assessed against him. As of XXXXX interest in the amount of $$$$$ has also been assessed against the Petitioner.

4. The Petitioner has attempted to adjust his withholding rates so that sufficient funds are withheld from his income to pay his state and federal income tax liability. While he has succeeded with respect to his federal income tax, each year insufficient funds have been withheld to satisfy his state tax liability.

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

It is the Petitioner's responsibility to insure that his income tax liability is paid within the time limits set by law. While the Petitioner has attempted to comply with this requirement, a pattern of incomplete payment has developed.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty and interest associated with the XXXXX, and XXXXX income tax liability. It is so ordered.

DATED this 5th day of September, 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