92‑1290

Corporate Franchise

Signed 6/30/92

BEFORE THE UTAH STATE TAX COMMISSION

_______________________________

In Re: )

: INFORMAL DECISION

XXXXX, )

: Appeal No. 92‑1290

)

: 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.

FINDINGS

Petitioner is a corporation that did not timely file and pay its corporate franchise tax for the year ending XXXXX. As a result, Petitioner was assessed a $$$$$ late filing penalty and a $$$$$ late payment penalty, plus interest.

Petitioner asserts that it was unaware that a corporate franchise tax was due when, in fact, the corporation had operated at a loss for the year in question. The owner moved to Wyoming where no state taxes exist and did not realize that corporate taxes were due regardless of the loss situation.

Petitioner was late again in filing and paying its corporate franchise tax in XXXXX.

DECISION AND ORDER

The Tax Commission finds sufficient cause does not exist to waive the penalty associated with the corporate franchise tax due on the year ending XXXXX. It is so ordered.

DATED this 30th day of June, 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

NOTICE: You have twenty (20) days after the date of the final order to file a request for reconsideration or thirty (30) days after the date of final order to file in District Court a petition for judicial review. Utah State Tax Commission Administrative Rule R861‑5A‑l(p) and Utah Code Ann. '63‑46b‑14(3)(a).