92-0005 - Income

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: )

:

XXXXX ) FINDINGS OF FACT

: CONCLUSIONS OF LAW

) AND FINAL DECISION

:

) Appeal No. 92-0005

:

_____________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing on XXXXX. XXXXX, Presiding Officer, heard the matter for and on behalf of the Commission. Present and representing the Petitioner were XXXXX and 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 personal income tax.

2. The periods in question are the years XXXXX and XXXXX.

3. The Tax Commission previously waived all of the penalties and interest assessed for the years XXXXX and XXXXX because the Internal Revenue Service recognized XXXXX as an innocent spouse under I.R.S. Code Sec. 6013(e).

4. At the formal hearing in this matter, Petitioner introduced documents showing that the I.R.S. also waived all of the penalties and interest assessed for the years XXXXX and XXXXX under the innocent spouse provision.

5. Petitioner testified that she divorced XXXXX in XXXXX.

6. Petitioner's ex-husband, XXXXX, never filed and paid taxes during the period in question, although he had led his ex-wife to believe he had done so.

7. In an effort to straighten out her taxes with the Tax Commission, Petitioner filed returns and paid taxes on the income she earned while she was married (for the years XXXXX-XXXXX). This was done in XXXXX and XXXXX.

8. Petitioner was assessed $$$$$ and $$$$$ respectively, plus interest.. on her late XXXXX and XXXXX filings.

9. Petitioner requests that the penalties and interest assessed for the years XXXXX and XXXXX be waived.

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. 59-1-40;(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 penalties and interest associated with the personal income for the years XXXXX and XXXXX on Petitioner's account no. XXXXX. lt is so ordered.

DATED this 25th day of March, 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