BEFORE THE UTAH STATE TAX
COMMISSION
_________________________________
XXXXX :
: FINDINGS
OF FACT,
Petitioners, : CONCLUSIONS OF LAW,
: AND FINAL
DECISION v. :
COLLECTIONS
DIVISION OF THE : Appeal No. 91-1260
UTAH STATE TAX COMMISSION, :
: Account
No. XXXXX
Respondent. :
____________________________
STATEMENT OF CASE
A
formal hearing was held in this matter on XXXXX by telephone. Lisa L. Olpin,
Presiding Officer, heard this case for and on behalf of the Utah State Tax
Commission. Petitioners represented
themselves.
Based
on the evidence and testimony presented at the hearing, the Tax Commission
makes its findings of fact:
FINDINGS OF FACT
1. The tax in question is personal income tax.
2. The period in question is the year XXXXX.
3. Petitioner XXXXX, XXXXX, receives XXXXX for
his total and permanent XXXXX.
4. On his XXXXX personal income tax return,
Petitioner claimed a $$$$$ retirement deduction.
5. This $$$$$ deduction was disallowed by the
Tax Commission because Petitioner's social security payments are not taxable.
6. Petitioner was charged an additional $$$$$
in taxes and a $$$$$ penalty plus interest.
This penalty was later waived.
CONCLUSIONS OF LAW
A
$4,800 retirement deduction is entitled to those persons under age 65 who
received retirement income from pensions and annuities paid from an annuity
contract purchased by an employer under sections 404 and 408 of the Internal
Revenue Code or paid to the employee involved or the surviving spouse by the
United States, a state, or a political subdivision thereof, or the District of
Columbia. (Utah Code Ann.
§59-10-114(2)(d).)
DECISION AND ORDER
Petitioner
argues that his physical condition has forced him into an early retirement and
that he should qualify for the $$$$$ deduction referred to above. In the alternative, Petitioner feels that
money he receives on disability should not be taxed under the circumstances.
The
applicable Utah Tax Code provision found at Section 59-10-114(2)(d) is concise
and restrictive as to the income that does qualify as "retirement
income" for purposes of a XXXXX deduction. The XXXXX Petitioner receives is not an enumerated source of
retirement income according to the statute.
Based
upon the foregoing, the Tax Commission finds that Petitioner is not entitled to
the $$$$$ retirement deduction for the year XXXXX on Petitioner's personal
income taxes. The penalty was
previously waived; however, the interest remains. It is so ordered.
DATED
this 2nd day of October, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger
O. Tew
Chairman Commissioner
Joe B.
Pacheco S.
Blaine Willes
Commissioner Commissioner