BEFORE THE UTAH STATE TAX COMMISSION
Petitioner, ) ORDER
v. ) Appeal No. 92-1292
COLLECTION DIVISION OF THE ) Account No. XXXXX
UTAH STATE TAX COMMISSION, :
Respondent. : Tax Type: Income
STATEMENT OF CASE
This matter came before the Utah State Tax Commission for an Initial Hearing pursuant to the provisions of Utah Code Ann. '59-1-502.5, on XXXXX. Jane Phan, Administrative Law Judge, heard the matter for and on behalf of the Commission. Present and representing Petitioner by telephone conference call was XXXXX. Present and representing Respondent were XXXXX and XXXXX.
Petitioner is appealing penalties in the amount of $$$$$ and interest of approximately $$$$$ which were assessed relating to his income tax for the XXXXX tax year. At the hearing Petitioner's representative explained that in XXXXX Petitioner, who is a registered XXXXX, began to work and live on the XXXXX for the XXXXX. The XXXXX gave Petitioner a form to fill out and sign for State of Utah individual income tax exemption. Petitioner's representative stated that Petitioner relied on the information that he was given by his employers who said Petitioner was exempt from state income tax because he was a registered XXXXX working and living on the XXXXX. In XXXXX the Auditing Division reviewed the account and determined the exemption was incorrect because Petitioner was not a registered member of the XXXXX and assessed the tax liability along with penalty and interest.
Respondent acknowledged that Petitioner may have reasonably relied on the incorrect information given by his employer, noting that the employer is a federal government agency which it would be reasonable to assume had correct information on the tax liability of its XXXXX. Respondent recommended waiver of the penalty because of this reliance, and the fact that as soon as Petitioner was notified that he was not exempt he took steps to correct the deficiency and has filed and paid correctly and timely since the year in question.
Respondent recommended sustaining the interest, explaining that interest is generally waived only in the event the deficiency was caused by Tax Commission error. There was no Tax Commission error in the facts presented.
The Tax Commission is granted the authority to waive, reduce, or compromise penalties and interest upon a showing of reasonable cause. (Utah Code Ann. '59-1-401(10).)
DECISION AND ORDER
Based upon the information presented at the hearing, and the records of the Tax Commission, the Commission finds sufficient cause has been shown to waive the penalty of $$$$$ relating to Petitioner's income tax for XXXXX. Because the tax deficiency was not the result of an error on the part of the Tax Commission or Tax Commission employee, sufficient cause has not been shown to waive the interest of approximately $$$$$.
This decision does not limit a party's right to a Formal Hearing. However, this Decision and Order will become the Final Decision and Order of the Commission unless any party to this case files a written request within thirty (30) days of the date of this decision to proceed to a Formal Hearing. Such a request shall be mailed to the address listed below and must include the Petitioner's name, address, and appeal number:
Utah State Tax Commission
210 North 1950 West
Salt Lake City, Utah 84134
Failure to request a Formal Hearing will preclude any further administrative action or appeal rights in this matter.
DATED this 16 day of November, 1995.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
W. Val Oveson Roger O. Tew
Joe B. Pacheco Alice Shearer