BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: INFORMAL DECISION
: Appeal No. 92-1207
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings. No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.
Petitioner filed his individual Utah income tax return for tax year XXXXX on XXXXX, establishing a tax liability of $$$$$. He paid the tax liability at that time.
The Internal Revenue Service subsequently reviewed Petitioner's XXXXX federal income tax return and proposed a substantial increase in his federal tax liability. On XXXXX, Petitioner agreed to a much smaller increase to his federal liability, in the amount of $$$$$.
Based on information received from the Internal Revenue Service, Petitioner's XXXXX Utah income tax liability was also audited. It was increased to $$$$$, then reduced to $$$$$. As Petitioner had already paid $$$$$, additional tax of $$$$$ remained due. Petitioner submitted payment of that amount, together with estimated interest of $$$$$ and estimated penalty of $$$$$. However, Commission records indicate that a late payment penalty in the amount of $$$$$ and interest of $$$$$ was assessed against Petitioner.
DECISION AND ORDER
The amount of Petitioner's tax liability to Utah for XXXXX has been subject to confusion. Petitioner's liability has now been determined to be $$$$$, only slightly more than the tax originally reported and paid by Petitioner. Other than this slight underreporting of tax for XXXXX, Petitioner has properly reported and paid his tax liability in other years. The Tax Commission therefore finds sufficient cause to waive the penalties assessed against Petitioner's XXXXX income tax liability.
It appears to the Commission that the amount of interest assessed against Petitioner has been incorrectly computed. The Collection Division is instructed to redetermine the amount of interest now due from Petitioner, taking into account the Commission's decision to waive penalty in this matter. It is so ordered.
DATED this 27th day of May, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen