91-1338 - Corporation Franchise

 

BEFORE THE UTAH STATE TAX COMMISSION

_________________________________

In Re: )

:

: FINDINGS OF FACT,

XXXXX, : CONCLUSIONS OF LAW,

: AND FINAL DECISION

: Appeal No. 91-1338

________________________________

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, President and owner.

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, XXXXX, and XXXXX.

3. On XXXXX, Petitioner filed and paid its corporate franchise taxes in the amount of $$$$$ for the years in question. Petitioner was assessed a penalty for lateness in filing and payment for each of the three years $$$$$.

4. From XXXXX to XXXXX, XXXXX employed XXXXX, XXXXX and XXXXX to handle his company's tax matters. Any tax correspondence received by Petitioner was automatically forwarded to XXXXX. XXXXX was not a certified public accountant.

5. Petitioner began receiving late tax notices. XXXXX questioned XXXXX about the problems. XXXXX told him that everything was being taken care of.

6. In XXXXX, XXXXX employed XXXXX C.P.A., to handle his financial affairs. Upon assuming XXXXX responsibilities, XXXXX discovered the past due corporate taxes.

7. Petitioner immediately filed his returns and paid the taxes in question on XXXXX.

8. Petitioner has timely filed and paid his taxes since that time.

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

Under the circumstances of this case, the owner was aware of the probability of tax deficiencies when he continued to receive late notices over a three year period. The owner waited too long before addressing the problem directly.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty associated with the corporate franchise taxes assessed on the years XXXXX, XXXXX, and XXXXX. It is so ordered.

DATED this 29th day of January, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

ABSENT

R. H. Hansen Roger O. Tew

Chairman Commissioner

Joe B. Pacheco S. Blaine Willes

Commissioner Commissioner