91-1303 - Corporation Franchise

 

BEFORE THE UTAH STATE TAX COMMISSION

____________________________

In Re: ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

XXXXX ) AND FINAL DECISION

:

: Appeal No. 91-1303

: Account No. XXXXX

_____________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal telephone hearing on XXXXX. G. Blaine Davis, Administrative Law Judge and Presiding Officer, heard the matter for and on behalf of the Commission. Present and Representing the Petitioner was XXXXX.

Based upon the evidence and testimony presented at the hearing, the Tax Commission hereby makes its:

FINDINGS OF FACT

1. The tax in question is corporate franchise tax.

2. The periods in question are XXXXX and XXXXX.

3. For the two periods in question, the Petitioner filed a request for extension of time in which to file the annual corporate franchise tax return, but it did not make any prepayments of tax due with the extension applications.

4. The returns for both periods were filed within the extension period showing the minimum $$$$$ franchise tax due, and said amount was paid within the extension period.

5. Because the required prepayments had not been made, the returns were treated as though the extensions were not valid, and a late filing penalty of $$$$$ and a late payment penalty of $$$$$ was applied to each of the years in question.

6. The Petitioner never received notice that the extensions would not be honored as valid extensions, and it never received notice of the imposition of any penalties for either year until XXXXX.

CONCLUSIONS OF LAW

The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. 59-1-401(8).)

DECISION AND ORDER

Where the returns were filed and paid within the extension period, the Commission finds that sufficient cause has been shown which would justify a waiver of the penalty, but sufficient cause has not been shown to justify a waiver of the interest. However, interest shall be adjusted based upon the waivers of penalty. It is so ordered

DATED this 6th day of December, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner