BEFORE THE UTAH STATE TAX COMMISSION
In Re: )
: INFORMAL DECISION
: Appeal No. 92-1518
: 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.
For the tax year XXXXX, Petitioner claimed a $$$$$ retirement income deduction based on Petitioner's XXXXX Pension payments. According to the Auditing Division, these pension payments do not qualify as Utah State retirement income and the deduction was disallowed.
Petitioner's return was adjusted to allow a $$$$$ retirement deduction for himself and another $$$$$ retirement deduction for his spouse.
This adjustment left Petitioner owing an additional $$$$$ in taxes. Petitioner was assessed two $$$$$ penalties apparently for failure to file and failure to pay, a $$$$$ negligence penalty, plus interest.
Petitioner stated that he prepared his return to the best of his ability.
DECISION AND ORDER
The Tax Commission finds sufficient cause does exist to waive the penalties associated with the personal income tax due for the year XXXXX. It is so ordered.
DATED this 2nd day of September, 1992.
BY ORDER OF THE UTAH STATE TAX COMMISSION.
R. H. Hansen Roger O. Tew
J B. Pacheco S. Blaine Willes