BEFORE THE UTAH STATE TAX COMMISSION
In Re: : INFORMAL DECISION
XXXXX, ) Appeal No. 91-1278
: 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 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.
R. H. Hansen Roger O. Tew
Joe B. Pacheco S. Blaine Willes