BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: )
: INFORMAL
DECISION
XXXXX ) Appeal No. 91-1204
: 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 was assessed a $$$$$ penalty for late filing and payment of their
corporate tax returns.
The
Petitioner timely filed a federal extension request, and assumed that the
federal extension was valid for the State Tax Return. However, the Petitioner
did not prepay the $$$$$ minimum tax because they anticipated a loss and
assumed that no tax would be due. Therefore, the only tax due was the $$$$$
minimum corporate franchise tax, and if that amount had been prepaid, then no
penalty would have been imposed.
DECISION AND ORDER
The
Tax Commission finds sufficient cause does exist to waive the penalty
associated with the corporation tax return for XXXXX. It is so ordered.
DATED
this 16 day of August, 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