BEFORE THE UTAH STATE TAX
COMMISSION
_____________________________________
In Re: : INFORMAL DECISION
XXXXX, ) Appeal No. 91-1206
: Account
No. XXXXX
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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 and 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