91-0921 - Income

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

: AND FINAL DECISION

: Appeal No. 91-0921

_______________________________

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. The Petitioners' individual income tax return was due on XXXXX. They submitted a request for extension of the filing deadline until XXXXX, which extension request was accompanied by prepayment toward their tax liability in the amount of $$$$$.

4. The Petitioners filed their income tax return on XXXXX thereby establishing a tax liability of $$$$$.

5. The sum of $$$$$ had been withheld from the Petitioners' earnings during XXXXX.

6. The Petitioners submitted the balance of their tax liability with their return on XXXXX.

7. Because the Petitioners failed to pay an amount equal to either 90% of their actual tax liability for XXXXX or the amount of their tax liability for the previous year, the Commission's staff imposed an extension penalty of $$$$$ against them.

8. The Petitioners explain their delay in filing and their failure to submit payment of at least 90% of the tax due on the fact that they had not yet received necessary partnership returns. Without such returns, they were unable to accurately determine the amount of their XXXXX tax liability. Penalties have been imposed against Petitioners' income tax liability for several previous years.

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

An extension of time for filing individual income tax returns is only available to those tax payers who have either submitted payment of at least 90% of their tax liability or submitted payment in an amount equal to their tax liability from the previous year. While the Commission recognizes that the Petitioners were unable to accurately estimate their XXXXX tax liability until they received their partnership returns, the Petitioners could have qualified for an extension by paying the amount of their prior year's tax liability. Had they done so, no penalty would have been imposed and any resulting overpayment of tax would have been refunded to them or credited to their XXXXX tax liability.

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

DATED this 17th day of October, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner