BEFORE THE UTAH STATE TAX
COMMISSION
__________________________________
In Re: ) FINDINGS OF FACT,
: CONCLUSIONS
OF LAW,
XXXXX, ) AND FINAL DECISION
:
) Appeal No.
92-1216
: Account
No. XXXXX
________________________________
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, President.
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 corporate franchise
tax.
2. The period in question is the year XXXXX.
3. Petitioner was created in XXXXX to handle
one project.
4. XXXXX, the company president, hired
certified public accountant, XXXXX, to handle its taxes.
5. XXXXX told XXXXX that he filed an extension
for Petitioner's XXXXX corporate franchise taxes.
6. On XXXXX, XXXXX gave XXXXX the prepared tax
return to sign. XXXXX mailed in the
return along with the $$$$$ tax.
Attached to the return was a copy of the federal return.
7. Later, XXXXX received a tax notice informing
him of the $$$$$ late filing and $$$$$ late payment penalty assessments for the
year in question. Additionally,
Petitioner was assessed $$$$$ in legal fees.
8. Petitioner believes the penalties are
excessive.
CONCLUSIONS OF LAW
The
Tax Commission is granted the authority to waive, reduce, or compromise
penalties and interest upon a showing of reasonable cause. (Utah Code Ann.
§59-1-401(8).)
Further,
the commission shall allow an extension of time, not exceeding six months, for
filing returns if on or before the due date of the return an extension
prepayment required by Section 59-7-126 is made to the commission. (Utah Code
Ann. §59-7-123(3).)
DECISION AND ORDER
Based
upon the foregoing, the Tax Commission finds that sufficient cause has not been
shown which would justify a waiver of the penalties associated with the year in
question. Petitioner failed to prepay
the minimum tax of $$$$$ as required in this situation by $$$$$. Interest is not waived. It is so ordered.
DATED
this 13th day of October, 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