BEFORE THE UTAH STATE TAX
COMMISSION
________________________________
In Re: )
:
XXXXX, ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
: AND FINAL
DECISION
: Appeal No.
91-1316
_____________________________
STATEMENT OF CASE
This
matter came before the Utah State Tax Commission for a formal hearing on
XXXXX. Lisa L. Olpin, Presiding
Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner was
XXXXX Vice President of 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 the years XXXXX
and XXXXX.
3. Petitioner is a corporation that owns XXXXX
in XXXXX. These XXXXX contain
XXXXX. The XXXXX for these XXXXX is
XXXXX at present, thus this corporation is nearly defunct. Petitioner hopes that there will be a need
for these XXXXX in the future.
4. Vice-President, XXXXX, helped to buy out the
corporation in XXXXX. The President, prior to the new ownership, was
XXXXX. XXXXX was relieved of his duties
after it was determined that he was XXXXX and had not been properly taking care
of the company's financial obligations, such as paying taxes, for several
years.
5. XXXXX obtained treatment for his XXXXX at
the XXXXX after his departure.
6. XXXXX states that the corporation has
recently paid over $$$$$ in back taxes to both the state and federal
governments.
7. Petitioner is now before the Commission for
failing to timely file and pay taxes in the amount of $$$$$ for the year
XXXXX. Petitioner did not file and pay
until XXXXX. A $$$$$ penalty plus
interest was assessed.
8. Petitioner also failed to timely file and
pay taxes in the amount of $$$$$ for the year XXXXX. Petitioner did not file and pay until XXXXX. A $$$$$ penalty plus interest was
assessed. (The $$$$$ is derived from
the $$$$$ per month charge for failing to pre-pay at the time of the extension
request.)
9. Petitioner is requesting a waiver of both
penalties and interest.
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
Based
upon the foregoing, the Tax Commission finds that sufficient cause has been
shown which would justify a waiver of the penalty associated with the tax years
of XXXXX and XXXXX. It is so ordered.
DATED
this 19th 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