92-0322 - Income

BEFORE THE UTAH STATE TAX COMMISSION

________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

: Appeal No. 92-0322

_________________________________

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, an attorney.

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 individual income tax.

2. The period in question is the year XXXXX.

3. Petitioner filed his XXXXX personal income tax return on XXXXX. He paid the tax amount owing of $$$$$ on XXXXX.

4. Petitioner was assessed a $$$$$ late payment penalty and $$$$$ in interest.

5. Tax Commission records show that Petitioner was sent numerous mailings to his XXXXX, XXXXX, Utah address, notifying him of delinquent taxes for the year XXXXX. These notices were sent beginning XXXXX.

6. Petitioner testified that he did not learn of delinquent taxes until fall of XXXXX when a state tax collector visited his business to pick up sales and use taxes.

7. Petitioner asserts that he did pay his XXXXX personal income taxes when he filed his return. Petitioner recalled that he paid with a certified check that could have been issued from one of three banks.

8. Petitioner has since looked for the check and has learned that it would cost upwards of $$$$$ for the banks to search for it.

9. Petitioner paid the tax in lieu of looking for the check.

10. Petitioner feels that any one of the tax collectors who have been regularly picking up sales and use tax payments at his business for the previous five years should have brought his personal tax delinquency to his attention earlier.

11. Petitioner claims that he has never received a notice of delinquent taxes for the year XXXXX and that the collector who informed him of the delinquency last fall never showed him any paperwork reflecting the deficiency.

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

Petitioner's allegation that he never received any delinquency notices are unfounded in the face of Tax Commission records. Petitioner's address in XXXXX has not changed in the past fourteen years. This is the same address listed with the Tax Commission. Further, Petitioner's XXXXX tax return itself is stamped "No Money" which would have been done immediately upon receipt of the return at the Commission.

Based upon the foregoing, the Tax Commission finds that sufficient cause has not been shown which would justify a waiver of the penalty and interest associated with the year in question. It is so ordered.

DATED this 23rd day of June, 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