BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: INFORMAL DECISION
XXXXX ) Appeal No. 91-1244
: 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 fiscal year of the Petitioner ended on XXXXX. On XXXXX, the Petitioner had prepaid a sum of $$$$$ to apply to the corporation franchise tax. The Petitioner presumably filed a timely extension request, and then filed their return on XXXXX, the due date of the return with an extension request. The amount of tax due was $$$$$, less the $$$$$ prepayment, for a balance due of $$$$$. A penalty was imposed in the amount of $$$$$ for failure to meet the requirement to pay at least %%%%% of the tax, and interest was also added.
A later additional penalty in the amount of $$$$$ was added because Petitioner did not timely pay the penalty amount, although they did timely pay the interest.
The fiscal year ended XXXXX, was the first year of operation in Utah for the Petitioner, so they were not required to meet the 90% prepayment requirement because they had no tax for the prior period. Therefore, the $$$$$ penalty was later abated, so, the $$$$$ penalty which still remains on this account is a penalty which was imposed for failing to timely pay a penalty which has now been abated.
DECISION AND ORDER
The Tax Commission finds sufficient cause does exist to waive the penalty associated with the corporation franchise tax for the fiscal year ended XXXXX. It is so ordered.
DATED this 8 day of August, 1991.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes