92-0991 - Income

BEFORE THE UTAH STATE TAX COMMISSION

_________________________________

In Re: )

:

XXXXX, ) FINDINGS OF FACT,

: CONCLUSIONS OF LAW,

) AND FINAL DECISION

:

) Appeal No. 92-0991

: Account No. XXXXX

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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 attorney 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. Petitioner filed an extension in XXXXX for his XXXXX income taxes.

4. As a result, his return was due XXXXX, XXXXX.

5. On XXXXX, XXXXX, Petitioner died.

6. Petitioner and his wife, XXXXX, were in the process of divorcing when the death occurred.

7. During the marriage, XXXXX was uninformed of any of her husband's financial and business interests. Petitioner maintained all of the financial records and apprised his wife of none of his business affairs.

8. After Petitioner's death, XXXXX attempted to collect Petitioner's business records in order to settle the estate.

9. XXXXX was severely hindered in her efforts because Petitioner's family refused to provide her with necessary business information. As it turned out, Petitioner was in business with his family members.

10. Due to the pending divorce, the family members were not amenable to giving any information to XXXXX.

11. At one point, XXXXX' attorney, XXXXX, hired an investigator to obtain information.

12. Once records were obtained, XXXXX was able to settle her husband's accounts.

13. In XXXXX, Petitioner's XXXXX and XXXXX personal income tax returns were filed and the taxes were paid.

14. Petitioner and his wife filed jointly.

15. The Tax Commission previously waived the penalties.

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

The Tax Commission waived the assessed negligence penalty, recognizing that XXXXX was deprived access to the necessary records. Interest, however, is not waived because XXXXX did have access to Petitioner's income.

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

DATED this 31st day of August, 1992.

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