92-0320 - Income

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

: Appeal No. 92-0320

__________________________________

STATEMENT OF CASE

This matter came before the Utah State Tax Commission for a formal hearing by telephone on XXXXX. Lisa L. Olpin, Presiding Officer, heard the matter for and on behalf of the Commission. Representing the Petitioners 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 personal income tax.

2. The period in question is the year XXXXX.

3. Petitioners timely filed and paid their XXXXX personal income tax return.

4. On XXXXX, the Tax Commission sent Petitioners a refund in the amount of $$$$$.

5. Petitioners had not requested a refund.

6. On XXXXX, a notice and demand for payment of taxes in the amount of $$$$$ was sent to Petitioners.

7. Petitioners did not understand how they could owe taxes for XXXXX when the Tax Commission sent them a refund.

8. The Tax Commission sent another delinquent notice at the end of XXXXX.

9. The Tax Commission sent another delinquent notice in XXXXX and again in XXXXX.

10. Petitioners called the Tax Commission and were told they had to return the refund amount. No explanation was given.

11. XXXXX went to the Tax Commission in XXXXX to resolve the matter and spoke with XXXXX in correspondence.

12. Petitioners paid $$$$$ on XXXXX.

13. As it turns out, Petitioners' son is also named XXXXX. He prepaid $$$$$ in personal income taxes in XXXXX.

14. This amount was erroneously credited to Petitioners' account.

15. On XXXXX, the Tax Commission transferred $$$$$ from Petitioners' account to the son's account, leaving Petitioners $$$$$ short due to the refund.

16. The $$$$$ penalty that had been assessed against Petitioners was waived by the Tax Commission previously.

17. Petitioner are requesting a waiver of the 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

Petitioners contend that they should not be charged interest when it was not their fault that funds were mistakenly credited to their account. They claim that the notices they received were nothing more than statements of delinquency without any explanation for the demand for payment of taxes. Petitioners felt that the Tax Commission was in error because they knew they had paid their taxes and that they had inadvertently overpaid as evidenced by the refund.

In this instance, Petitioners did contact the Tax Commission to obtain an explanation for the delinquency notices. It was not until XXXXX went to the Commission in XXXXX that the Tax Commission explained to him the nature of the mix-up. XXXXX paid the refund amount when he learned why the notices had been coming to him.

Based upon the foregoing, the Tax Commission finds that sufficient cause has been shown which would justify a waiver of the interest as well as the penalties associated with the Petitioners XXXXX personal income taxes. It is so ordered.

DATED this 1st day of July, 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